CENTRAL CRIMINAL COURT.
CARDEN, MAYOR. EIGHTH SESSION.
A star (*) denotes that prisoners. have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, June 14th, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. CHALLIS; Mr. RECORDER; and Mr. Ald. WIRE.
Before Mr. Recorder and the First Jury.
MR. LILLEY conducted the Prosecution.
JOHN NORTHWAY . I am a chemist, of No. 27, Great Tower Street. On 5th Aug., the prisoner, whom I knew as a customer, came to my shop, and asked me to purchase this pawnbroker's ticket (produced) for 12s.—I declined having anything to do with it—he told me he had sold some coals to a stationer, who had not the money to pay, and paid him in paper, which he pawned, and that ticket was the result—I afterwards found that it was forged—I saw him again on 1st May, and said, "You are the man that sold me the ticket for the paper"—he said, "I am just going to keep an appointment with a gentleman who proposes to engage me as clerk, and unless I keep my time, I am afraid I shall lose the appointment"—I said that his remarks before were so untrue that I could not believe him, and if he would follow me to my house, I should give him in charge, and if not, I should call a policeman at once—he said he hoped I would overlook it—he had said, when I bought the ticket, that he was in great distress, and starving.
SAMUEL READFERN . I am in partnership with Richard Carpenter, at No. 7, Cannon Street, St. George's-in-the-East. This is one of our tickets, but the writing on it is a forgery—it is not written by any one in our employ—it is a white ticket, and all our tickets above 10s. are yellow—we had no paper in pledge in Aug. last.
prisoner into my custody—he refused his name and address, but afterwards gave his name at the Mansion House.
Prisoner's Defence. I bought this ticket of a party named Free, whom I well knew; my wife has endeavoured to find him, and I understand he has been dead four months; I expected that a witness would have been produced who was present at the time, but he has gone to Australia.
GUILTY .—He was further charged with having been before convicted.
WILLIAM SMITH . I was a policeman. I know the prisoner, and had him in custody—he was convicted here; I produce the certificate—(Read: "Central Criminal Court; George Burchett, Convicted, on his own confession, Sept., 1856, of forging a request for the delivery of goods; Confined six months")
GUILTY.— Confined Eighteen Months.
HOWE— Confined Eighteen Months.
RIVERS— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY.—Recommended to mercy by the Prosecutor. — Confined Nine Months.
MR. COOPER conducted the Prosecution.
ISAAC MOSS . I am a licensed victualler, of New Street, Gravel Lane. The prisoner was my potman and porter—I had reason to suspect that my till had been robbed for many years—Mr. Solomons said to me, in the prisoner's presence, "I saw your servant go over and take money out of the till;" the prisoner said, "I have not taken a farthing out"—he had no right to go to the till—my wife was present.
Cross-examined by MR. RIBTON. Q. How long had he been with you? A. Five years as porter, but two years only as potman—I have been there two years and a half—before that I was a buyer of unredeemed pledges—this happened on a Saturday—whether I keep my business open on a Saturday is no business of yours—I was sworn as a Jew, but, as a licensed victualler, it is compulsory to open the shop on Saturdays—I had some friends up stairs playing at billiards; there was no betting or gambling going on—I do not know whether they were all Jews—I did not see any drink up there—Solomons did not say, "I did not see him take the money, but I saw silver in his hand;" he said that he saw him go deliberately over to the till—my wife did pot say that there was 1s. 6d. short; I heard her say that there was 2s. gone out of the till—I have not had some difficulty in bringing Mr. Solomons here—I did not say, "If you come before the Lord Mayor on Monday, and say you saw him take the money, I will pay you for it, and be your friend for ever," or anything like it—I did not see that the prisoner had 2s. in his hand—three
halfpence in copper fell out of his hand; I do not know whether it was knocked out; very likely it was, because there was a scuffle—I said, "You old scoundrel, you have been robbing me for years"—I do not know who picked up the three halfpence—the prisoner has never complained of the gambling going on up stairs—I do not know whether he is a Jew, you had better ask him—the till was there when I came to the house; it is not difficult to open, it comes out quite easily—my wife and several customers were down stairs when I came down.
RACHEL MOSS . I am the wife of the last witness. I was sitting in the bar on 29th May, between 5 and 6 o'clock in the afternoon, with my back to the till; I heard several voices, turned round, and saw several persons coming out of the tap room—I then saw the prisoner coming from behind the bar, with a measure in his hand—he had, before that, asked me for the measures to clean; I had told him to take them—I could not see the till on turning round, but I heard voices say, "Why do not you tell Mrs. Moss she is being robbed"—I found the till open; I had shut it six or seven minutes before, having counted the money in it; there was then 13s. 10d. in silver—I cannot say of what coins it consisted—I did not count the gold or the copper, only the silver that was in the bowl—on finding the till open, I counted the silver again, and missed 2s.—the till is behind the bar, and I was in the bar, stooping to hook my little boy's frock.
Cross-examined. Q. Were you near the till? A. Yes—the people were at the side, in the tap room—a person in the tap room can see what is going on in the bar—there were no customers at the bar—it was not the prisoner's place to hang the pots up, but to place them in the place where the till is—I did not send up any beer to the billiard-room—I did not at first say that I had lost eighteen pence—I heard my husband say to Mr. Solomons, "You must come with me," and the policeman said so—Solomons did not say that he had particular business to attend to on Monday—I did not hear my husband say, "If you will come on Monday, and swear you saw him take the money, I will be your friend for ever"—I did not hear Solomons say that he did not see him take the money out of the till, but saw silver in his hand—I knew the persons who were coming out of the tap room; they come every day—I have been married nearly eight years—I have known Solomons about eighteen months—the till comes out very easily—I have never heard the prisoner find fault with Solomons for bringing people there to gamble on Sundays; we never allow such a thing—I should not think Solomons ever had any conversation with the prisoner.
BENJAMIN SOLOMONS . I am a cigar maker, of No. 21, New Street, Gravel Lane. I was in Mr. Moss's tap room on the Saturday, and as I came out I saw the prisoner with his hand in the till, taking out some money; I could not see how much, but I saw that it was silver—I gave the alarm; some young men came out and told Mrs. Moss, and Mr. Moss came down stairs.
Cross-examined. Q. Where is your business? A. I work for Mr. Isaacs, of No. 32, Leman Street. I was not at work on Saturday—I am a Jew—I was not playing at billiards; I was reading the paper—I was not up stairs that morning—there was no one in the bar—I have been in the habit of playing up stairs, but not for money—I have never gambled there, and the prisoner has not complained that I did—I have a wife and child to support; and I do not gamble—I heard Mrs. Moss say that 2s. was lost; she did not at first say 1s.6d.—the prisoner said, "I have two shillings and three halfpence in my pocket, and here it is," pulling it out—it was before that that Mrs. Moss said she had lost 2s.—I did not see the three halfpence knocked
out of the prisoner's hand, but a mob came; of course they were Jews—a policeman was sent for, and I heard the prisoner repeat to him that the 2s. was his own.
WILLIAM HENRY HALL (City policeman, 625). I was sent for on the Saturday afternoon at half-past 5 o'clock, and the prisoner was given into my custody, charged with stealing money out of the till—the amount was not mentioned—I searched him, and found 2s., a purse, and some trifling articles.
Cross-examined. Q. Did you find any coppers upon him? A. No—he said the 2s. was his own.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
Cross-examined by MR. ROBINSON. Q. In whose writing is it? A. One of our clerks—I believe I examined it—it was made out four or five days before the trial, which was about 21st March.
MR. SLEIGH. Q. Have you got the original writ in the action here? A. I believe it is down at Manchester; I have got an affidavit sworn containing a true copy of it.
MR. ROBINSON contended that as the writ must be issued in a particular form under the Act of Parliament, the case was incomplete in its absence.
THE COURT concurred in this opinion.
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
WILLIAM WILES (City policeman, 611). On the morning of 1st June, about a quarter to 1 o'clock, I was on duty in Mitre Street, Aldgate, near Mr. Brinkley's, a fruiterer—I saw three persons near his premises, and the prisoner went in—Obee, another constable, was on duty in King Street, in plain clothes—the other two men ran away when they saw me—I went to Mr. Brinkley's warehouse door, and the prisoner, who was inside, shut it in my face—I stood there for a second, and he opened it and struck me on the head with what I believe to be a life preserver, it cut me just above the forehead; it bled—the prisoner then jumped off the steps and ran through Mitre Street, King Street, and Duke's Place; I followed him, calling, "Stop thief!"—Obee followed—I left my hat behind, it was knocked off—I did not lose sight of the prisoner till he came to Gravel Lane, and then Obee was close alongside of him—I overtook him by Stoney Lane, Obee had then got hold of him; he was very violent—Obee and I took him to the station, but he resisted very much—I searched him at the station, and found on him 3 1/2 d. and some matches—I had tried the door of Mr. Brinkley's warehouse a quarter of an hour before.
Cross-examined by MR. RIBTON. Q. Were you in the hospital at all? A. No, I was not very much injured—I was not stunned or knocked down, as I had my hat on—he was only out of my sight about half a minute, while he was turning the corner, and I was running at my full speed.
GUILTY .— Confined Twelve Months.
608. CHARLES RANDALL (40) , Stealing a post letter containing a gold watch, the property of the Postmaster-General; also, a post letter containing twenty-nine 5l. notes, and six 10l. notes; the property of the Postmaster-General: to which he
PLEADED GUILTY .— Six Years Penal Servitude.
609. WILLIAM JONES (45) , Stealing 1 gas burner, value 2s.; the goods of Harriett Blackett, fixed to a building; also, 1 gas burner, and 1 gas branch, value 3s.6d.; the goods of James Heath, same fixed to a building: to which he
PLEADED GUILTY .— Confined Twelve Months.
JAMES KETTLE . I am bailiff to Mr. Bishop, of Highwood Hill, Hendon. On Sunday morning, 16th May, I counted my master's ewes and lambs; there were forty-seven ewes and fifty-eight lambs—I saw a lamb produced on Monday afternoon, covered with mud; Heavens pointed it out to me—it was my master's, and had been safe in the field the previous morning—there was no footpath in the field where the sheep were.
GEORGE HEAVENS . I am in the employ of Mr. Piggott. On Sunday, 16th May, I was in one of his fields; there was a field and two hedges between them and Mr. Bishop's field, in which there were some sheep and lambs—in the afternoon I saw two persons going up the field—I only know them by their dresses; Barrett has the same dress on, a velveteen coat, but I cannot swear to him—I saw Mr. Bishop's boy come running to them, they were then reaching under the hedge, but were not carrying anything—I did not notice what they did when the boy came to them, but some time after the boy was gone I saw the same two coming down with a lamb; one had hold of the fore and the other of the hind legs; they got over the hedge into Mr. Cox's field, and then into another, and when they came to a hedge the tallest was carrying the lamb in his arms, and when he saw me he threw it into a ditch—Barrett appears to be dressed the same—I saw him again on the same day.
WILLIAM WILES . I am in Mr. Bishop's employment. On Sunday afternoon, 16th May, I was going to his field, about 4 o'clock, and met the two prisoners—they asked me where I was going—I said, "Across to some boys in the lane"—this was in the same field where the sheep were kept—I did not see Heavens there.
COURT to GEORGE HEAVENS. Q. You say that you saw the two persons speak to Mr. Bishop's boy; is this the boy? A. I cannot swear to him.
NOT GUILTY .
NEW COURT.—Monday, June 14th, 1858.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. WIRE; Mr. Ald. CUBITT; and
Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
PLEADED GUILTY .— Confined Twelve Months.
612. GEORGE HARVEY (40) , Burglariously breaking and entering the dwelling house of Sophia Emma Cottam, and stealing therein 6 coats, 1 hat, and 1 cap, value 6l.10s., the goods of Arthur Cottam; also, Burglariously breaking and entering the dwelling house of James Cottam, and stealing therein 1 lampstand, 1 despatch box, 1 work basket, and other articles, value 1l., the goods of James Cottam; also, Stealing 1 table cloth, value 2s., the goods of Sophia Emma Cottam: to which he
PLEADED GUILTY .— Confined Two Years.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Six Months.
THOMAS HONEYBONE . I am a watch maker and jeweller, of Old Brentford, in the parish of Ealing. I live next door to a public house—on the morning of 25th May, I was disturbed about 1 o'clock—I got up immediately, and saw a policeman standing at the door, who bid me come down immediately, as some persons were breaking in at the back premises—I went down, and let the policeman in, and he found the kitchen slates removed, and a large hole made in the ceiling—the kitchen roof just overlaps the workshop—the hole was just within the shop—on getting in the shop we found the prisoner concealed under the work board—he was taken into custody—I did not miss anything—the slates were removed over the ceiling of the kitchen, but the workshop recedes about two feet—you must go out of the house to go into the workshop.
EDWARD HITCHCOCK (Policeman, T 261). I was called by the last witness—I went to the prosecutor's, and found a hole in the roof—the prisoner was concealed under the bench in the shop—there is no access from the house inside to the workshop—the prisoner said he did not mean to get into the workshop; he meant to get into the kitchen, and from there into the front shop—if he had got in the kitchen, he could easily have got into the front shop.
Prisoner. I was intoxicated at the time. Witness. No, he was not.
GUILTY .—He was also charged with having been before convicted.
EDWARD FIELDER (Policeman, T 157). I produce a certificate of the prisoner's former conviction—(Read: "Clerkenwell, Feb. 1852; John Welch, Convicted of stealing 8s. in money; Confined nine months")—I was present—the prisoner is the person.
GUILTY.— THE COURT having consulted the RECORDER, he stated that he was of opinion that the burglary was not completed, and the prisoner was discharged.
MR. SMITH conducted the Prosecution.
EDWARD GORKE . I live in Great Garden Street, Mile End, and am a porter. On 16th May, about half-past 11 o'clock in the morning, I was near the Clothes Exchange, Houndsditch—it rained, and I went into a place for shelter—I saw the prisoner there, and he and some of his companions surrounded me, and kicked me and pushed me about—the prisoner took my watch from my pocket, and undone it from the chain—I put my hand to my
pocket, and the chain came into my hand—I pulled the chain out of the prisoner's hand—I seized him by the collar—he passed the watch away—I gave him into custody—he passed something away; I did not see to whom—it was worth about 3l.—when the prisoner was given into custody he said it was not him, but I saw him.
Cross-examined by MR. SLEIGH. Q. How long had you been sheltering from the rain? A. I had been there about half an hour before the watch was taken—it was a heavy shower—there were a good many people besides myself; in fact, the place was crowded—there were men, and women, and all sorts—I have not got my watch again—just before my watch was taken, I had been hustled and kicked about by the people all round me—it was at that time I looked after it, but it was too late—I could not see who the person was to whom the watch was passed—the prisoner was in the crowd amongst the others—he was nearest to me—the person who took the watch ran away.
MR. SMITH. Q. Was the person who ran away the person to whom the watch was handed? A. I do not know him—there were too many of them; perhaps all belonged to this young man—the one who ran away had not done anything to me—I had seen the watch a minute before I lost it—I pulled the chain out of the prisoner's hand—I have it now.
(The prisoner received a good character.)
GUILTY .— Confined Three Months.
OLD COURT.—Tuesday, June 15th, 1858.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. CHALLIS, and
Before Mr. Recorder and the Second Jury.
617. WILLIAM LEWIS (32) , Unlawfully obtaining, by false pretences, 24 bags, value 10s., on 17th May; 30 bags, value 14s., on 18th May; and 24 bags, value 10s., on 19th May; the property of Her Majesty the Queen; to which he
PLEADED GUILTY .— Confined Six Months.
(There was another indictment against the prisoner.)
MESSRS. BODKIN and CLARKE conducted the Prosecution.
CHARLES BUCKLAND . I am postmaster at Aldershott camp, and grant money orders. On 1st June I issued this order (produced)., payable to a person named Sansom, and sent a letter of advice by the next post to Camden Town, authorising the payment of 10s. to E. J. Sansom.
EDWIN SANSOM . At the commencement of this month I was a servant at Aldershott camp—I sent this order to my wife, in London, in a letter directed to her at No. 8, Dunford Place, Camden Town, not Kentish Town, that is the prisoner's house—there was no name written in the order when I sent it—I posted the letter on Wednesday, 23d June, about half past 6 o'clock.
(This was a notice to produce the letter in question.)
of that house—I left on Monday evening, a fortnight ago yesterday—I told the prisoner that I expected a letter from my husband, with an order in it, and would call for it; she did not say whether she would take it or not—I called on the Thursday evening afterwards, between 7 and 8 o'clock, and asked her for the letter which had come there for me; she said that she had taken it in on the night before, and put it on the shelf, and now could not find it—she began abusing me, being intoxicated at the time, and I went to the post office, at Camden Town, and ascertained that the money had been paid—I applied for a police officer—I never received the letter from my husband, or the order—the signature on this order is not mine, nor written with my knowledge or authority—I have never received the money, nor have I authorised anybody to receive it.
Prisoner. Q. Did I not ask you to go in and look for the letter? A. Yes, and I said that I would not go into the house—you were intoxicated, and I was afraid of you.
THOMAS JAMES HOLLIS . I am a clerk in the Camden Town post office—a letter posted at Aldershott in the morning would be delivered at Camden Town in the afternoon, but I have nothing to do with them—on Thursday, 3d June, about 1 o'clock in the day, the prisoner came, with another woman, and presented this order—I had that morning received a letter from Aldershott, advising the transmission of 10s.—the prisoner had a letter with her which she offered me, with the order—the order was not signed—I said, "Is this for you?" she said, "Yes," and I gave it back to her, with a pen which had blue ink in it, to sign it—she attempted to sign it, but I went away to dinner, leaving her and the other woman at the counter, and a clerk named Day went into my desk—the prisoner was agitated, and I should say, that she had been drinking.
Prisoner. Q. Did not I give it to the woman by the side of me to sign? A. No, I never saw it pass out of your hands, and you had no pen with black ink while I was there.
REUBEN WILLIAM DAY . On 3d June, I was at the post office, at Camden Town, and in the afternoon I saw the prisoner and another woman there—when the last witness went away, I took his place; the prisoner remained in the office—she did not give me the order, she left with the other woman—in about twenty minutes they both came back, and the prisoner gave me thisorder, signed, "E. J. Samson," in black ink, as it is now—we had no black ink that I am aware of—I always write with blue—the lower part was blotted with blue ink, as it is now—I asked who sent the money, and she answered the remitter's name, "E. Sansom," and I gave her 10s.—that evening, about 9 o'clock, Mrs. Sansom called to inquire about the order—I had not known the prisoner before—I saw her again on the following morning, and am positive she is the person.
Prisoner. Q. Did not the woman with me take up the money? A. I am positive you took it up; I saw you with a letter in your hand.
SAMUEL KINGDON (Policeman). I took the prisoner on Thursday evening, 3d June; she was not sober—I asked her if she had received a letter from a person named Sansom; she said that she had not—I told her she had better tell the truth, and took her to the station—I found 1s. 6d. and a key on her.
Prisoner's Defence. The woman came and asked me to go with her, and told me that Mrs. Samson had asked her to get it changed, and asked me to show her the post office; she said that she could not reach the desk, and would I give it up; I did so, and told them that it came from Edward
Sansom; she asked me to sign it; I felt I was doing wrong, and said that I could not sign it; she went and got it signed, and took it in, and they laid down the 10s.; I know no more about it.
GUILTY of uttering. — Confined Twelve Months.
619. WILLIAM RAWSON (30) , Stealing 1 coat, 1 waistcoat, and 2 pairs of trousers, value 6l.15s., the goods of Charles Welton, in the dwelling house of James Hooper, and JONATHAN MIREHOUSE (20) , Feloniously receiving the same.
MR. COOPER conducted the Prosecution.
HENRY RIDOUT . I am a workman in the service of the prosecutor. On Saturday, 1st May, I took home some clothes to the prisoner—I saw him on the day he gave the order for them; nothing was said about the payment when the order was given—the prisoner was not there when I took them home, and I went again on the following Monday, 3d May—in consequence of the receipt of this letter (produced) I took the clothes home on the following Thursday—I waited some time till Rawson came home—he apologized for keeping me waiting, and asked if I had the bill—I said, "Yes," and gave him this bill (produced)—he took the clothes from me, took them to the top of the house, and kept me waiting five or six minutes in the passage, and then came down and called me up stairs—he called for a pen and ink; there was a pen and ink on the top of the stairs, and I took it up with me—he asked me to receipt the bill; I did so, and he said, "Now I suppose you want the money;" I said, "Yes;" he left the room, and I never saw him again. THE COURT considered that as nothing was said about the payment, the case did not amount to a felony.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
GEORGE FRODSHAM . I am a watch maker, of Cornhill. On 31st Aug., I received a letter purporting to be from a person named Gaskill—I do not know what has become of it; Mr. Alderman Carter passed it over to the reporters, at Guildhall Police Court—that evening, in consequence of that letter, I went to No. 22, Wellington Place, Eaton Square; I rang the bell, and saw the woman who was in charge of the house—I was waiting for Rawson, who had left the house, and he walked up the steps, and said, "You are late;" I said, "It is a long way to come from the City; I have brought those watches for your inspection," and showed them to him—he selected one which he put in his pocket, and a gold chain, which he put round his neck—he then said, "Have you brought a bill;" I said, "I have not, but if you will give me a sheet of paper I will make one out"—I took some letters out of my pocket, and he took back his own letter, saying, "Half a sheet will do," tore the fly sheet off, and I wrote a receipt on it—he then took the bill and walked out—I heard the click of the street door, and then I knew it was a swindle—something was said about payment, only in the letter—this is my watch (produced).
THE COURT considered that the non-production of the letter was fatal to the case. NOT GUILTY .—(See also New Court, Wednesday).
GUILTY .— Confined Twelve Months.
GUILTY.—Recommended to mercy by the Jury. — Confined One Month.
PLEADED GUILTY .— Six Years Penal Servitude.
GEORGE ABINGTON . I am a news-seller of Shoe Lane. The prisoner was in my service—he had access to the part where the "Illustrated London Newspapers" were kept—in consequence of something that occurred, I searched my stock on 12th May, and missed a quantity of the "Illustrated London News," of Nov. 28th, 1857 and Jan. 30th, 1858—next evening, I told the prisoner that, in consequence of information I had received, I had reason to suspect that he was robbing me, and that he was seen to take a parcel of newspapers from a house close by; he said that they were his own—I asked him how he came by them; he said, "I bought them up the lane"—I asked him what they were; he said, "Some were 'Illustrated News,' others were various newspapers, and some were 'Bell's'"—I told him that, unless I was satisfied that they were his own papers, I should prosecute him—he made no answer, and I sent for an officer—he then said, "I did take them from here"—I asked him what they were; he said, "Illustrated London News"—I asked him how many there were, and he said, "About two dozen"—I have seen two in Greenfield's custody of the dates which I missed, Dec. and Jan.
Prisoner. The newspaper that the prosecutor has in custody has my name on it, and the date when I purchased it; it does not belong to him at all; they are respecting Indian affairs; I have been out there three years, and that made me buy it. Witness. Here is on this one, T. Sawyer, Jan. 1857—here is another one of 28th Feb., without any year, that has the prisoner's writing on it—three have his writing on them.
THOMAS BURNMAN . I am in Mr. Abington's service. On Tuesday, 11th May, in the evening, after the shop was shut up, I noticed a parcel of papers in a confectioner's shop—the prisoner was there—he put them on his shoulder, and took them out—there were about three dozen of them; they looked rather old; the edges were dirty; they looked like those we had in stock—I had seen the prisoner previously, coming out from his work—he had no papers with him then—I said nothing to him, but he told me that he was going to take them to his brother, in Shoreditch, who had bought a lot of old "Illustrated News"—he saw me when I came out of the shop.
Prisoner. I told you that I was going to take them to my brother to get them bound. Witness. No; they were tied round with a piece of string.
GEORGE CLEMENTS . I am in Mr. Abington's service. I was present on Thursday evening, when he accused the prisoner of taking some "Illustrated News" from his shop; he denied it—Mr. Abington asked him where he bought them; he said, "Up the lane"—he asked him where, but the prisoner made no answer—Mr. Abington told him that, if he did not satisfy him where he got them, he should prosecute him, and would direct one of his young men to fetch a constable—he then said that he had taken about two
dozen "Illustrated London News," but did not say where from—Mr. Abington directed him to bring them back within twenty-four hours, and as he was going out of the door he said that he could not bring them back, because he had sold them for waste paper.
Prisoner. The reason I said that I had taken them was because Mr. Abington said that if I would satisfy his mind he would keep me in my situation. Witness. He did not.
PETRO TOGNI (Through an interpreter). I live at an ice shop, in Fleet Street. The prisoner brought some journals there last month; I do not remember the day—on the following day he took the parcel away—I could not read the journals, and did not look at them—he spoke to me, but I could not understand him.
WILLIAM PHELPS . I was present on Thursday, when the prosecutor and prisoner were talking about the newspapers—the prosecutor did not make him any promise to receive him back into his employment—he did not say, "If you will satisfy my mind where you got them, you are still my servant, and if not, I will give you in charge."
The prisoner's statement before the Magistrate was here read as follows:—"All I can say is, my wife brought me the bundle of papers, about 2 o'clock, into Fleet Street—I am accused of taking it out of Mr. Abington's shop—I took them to the confectioner's, and asked them to let me leave them, and I would call for them in the evening—I forgot them in the evening, and went on Tuesday.
The prisoner produced a written defence, stating that he purchased the old papers at a book stall, and put his name upon them; and that, though innocent, he owned to taking them, through his master's intimidation and promise to keep him in his situation.
COURT to GEORGE ABINGTON. Q. You say that you missed some papers; had you ascertained what quantity there was previously? A. Only that the shelf was literally filled on the Monday morning previous, and on Wednesday it was not nearly so full—I had no character with him—on the Thursday, I gave him instructions to go and fetch the papers which he admitted taking, and said, "If you do not bring them back, I shall send an officer after you."
NOT GUILTY .
MR. TALFOURD conducted the Prosecution.
WILLIAM WALTERS . I am assistant to George Cording, a pawnbroker and silversmith, of Aldgate High Street. On 7th June, about half past 5 o'clock, the prisoner came, and asked to look at a gold chain, marked 2l.5s., which was hanging in the window—I showed it to him, and he asked to look at another, marked 2l.10s.—I turned my head to take it out of the window—it was only two or three feet from me, but I had to open the window—he said that he would give me 2l. 8s. for it—I said that 2s. 10s. was the lowest—he agreed to give it, and left 1s. deposit, saying that he would come back and pay the money—he went out, and I then looked at the other chain, and saw that it had been changed—the chain that I found there was not part of my goods—it was lying on the counter; it was not there before the prisoner came—I ran out, and saw him running across the road—he ran through the butcher market, and I followed him—I called, "Stop thief!" and a policeman stopped him—he ran as fast as he could—I only lost sight of him for an instant.
Prisoner. Q. Were there not a flock of people there? A. Not so many as to prevent your running—it is a brass chain, electro gilt—the gold on it is only worth 6d.
JOSEPH TOMKINS (City policeman, 587). I heard a cry of "Stop thief!" and the prisoner ran into my arms; he was the only person running, and he was crying "Stop thief!"—I took him back to the shop, and found on him 4d., two pairs of children's socks, and some eylet holes—he gave his address, Close Side, Southgate; that is his aunt's.
GUILTY .— Confined Nine Months.
PLEADED GUILTY .*— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .** †— Confined Twelve Months.
NEW COURT.—Tuesday, June 15th, 1858.
PRESENT—Mr. Ald. WIRE; Mr. Ald. GABRIEL; and Mr. COMMON
Before Mr. Common Serjeant and the Sixth Jury.
PLEADED GUILTY .— Confined Nine Months.
PLEADED GUILTY .— Confined Eighteen Months.
(There was another indictment against the prisoner.)
PLEADED GUILTY .— Confined Nine Months.
MESSRS. ELLIS and POLAND conducted the Prosecution.
WILLIAM TWIST (Policeman, N 456). I produce a certificate of conviction—(Read: "Central Criminal Court, Oct., 1856; Jane Pearce, Convicted, with two others, of uttering counterfeit coin; Confined six months")—The prisoner is the person; I had her and the two others in custody.
HENRY ALEXANDER . I am a linen draper, and live in Queen's Row, Dalston. On 7th May, a little after 9 o'clock in the evening, the prisoner came for a pair of stockings and a reel of cotton; they came to 9 1/2 d.—she gave me a 2s. piece; I saw directly that it was bad—I bent it, and I asked her where she got it; she said a respectable young person outside gave it her, and asked her to come and get a pair of stockings—she said the young person outside knew the young man in the shop—I went out directly, and could not find any such person—I gave the prisoner in charge, with the coin.
COURT. Q. Had you any young man in the shop? A. I was the young man—I do not know any young woman—I had not seen any young woman outside.
THOMAS HARRIS (Policeman, N 539). The prisoner was given into custody for offering a counterfeit florin, which I now produce—I asked her where she got it from; she said she had it given her by a young woman outside, and was sent into the shop—I went out, and could not see any one—the prisoner refused to give her address; she said she had lived in Kingsland—I found nothing on her but a key, which she said was the key of her room door.
Prisoner's Defence. My lord, I am a poor unfortunate girl, and the 2s. piece that I uttered a gentleman gave me; when I was charged, I was ashamed of telling my shameful course of life, and I said it was a woman gave it me; it is true that I have been once convicted for base coin, but I took it as a caution, and never had anything to do with bad money until I met with this gentleman; I am an orphan, and have no friends in this world, and no one to defend me.
GUILTY .— Confined Two Years.
MESSRS. ELLIS and POLAND conducted the Prosecution.
JOHN BABB (Policeman, B 120). I produce a certificate—(Read: "Central Criminal Court; John Barry, Convicted, Feb., 1857, of uttering counterfeit coin; Confined nine months")—the prisoner is the person; he was in my charge.
BENJAMIN BRADFORD . I keep the Marquis of Granby, at Kensington. On Saturday, 17th April, the prisoner came, about 5 or 6 o'clock in the evening, for a quartern of rum—there were two other men there, who had had something to drink before he came in—I served the prisoner with the rum—the price was 6d.; he gave me a shilling—I saw it was bad, and I said to him, "This, Steve, is too bad; you have had me once or twice before, and I am determined to lock you up"—while I was getting round from the bar, he got away—I saw him come and look in at the door, about two hours afterwards, and I ran out, but I could not see a policeman, and he got away—I told the policeman on the following Monday, and gave him the bad shilling.
HENRY JOHNS (Policeman, T 223). On Monday, 19th April, the last witness gave me information, and I searched after the prisoner—I knew him, and I heard that he was in custody at Brentford—I went there on 22d May, and he had been committed for trial—I received this shilling from Mr. Bradford.
SUSAN HAWKINS . My husband keeps the Travellers' Friend beer shop, at Smallberry Green. On 16th May, I saw the prisoner, about a quarter or twenty minutes past 5 o'clock in the afternoon; there was another man with him—the prisoner called for a pint of ale, and gave me a bad shilling—I said it was a very bad one, and he put his hand into his pocket, and gave me 3d. worth of halfpence—I told him it looked very black, that he should give me a bad shilling, when he had halfpence in his pocket—the other man took the shilling, and looked at it, and said, "It is a very bad shilling; where did you get it?"—the prisoner said, "I don't know"—the other man said, "Throw it it over the hedge;" the prisoner said he would not, and he put it into his pocket.
HANNAH KNOWLES. My husband keeps a shop in Hounslow Road. On Sunday, 16th May, the prisoner came to the shop; he asked for bacon and
eggs; I served him—he gave me a 2s. piece; I looked at it, and it was bad—I said, "Is it a good one?"—he raid, "Yes, I would not give you a bad one; we have no bad money in our firm"—I laid it down, and gave him 1s.8d. change—as soon as he was gone, I took it up, and showed it to my husband; we both looked at it, and found it was bad—I followed the prisoner, and found him near to the Isleworth station, about a quarter of a mile from our house—I said to him, "The 2s. piece was not a good one"—he said, "I did not know but it was good; I am no judge of money"—hegave me back the change and the things, and I gave him the 2s. piece—this is it.
HENRY ALDEN . I am a labourer. On 16th May, about 6 o'clock, I saw the last witness running; she spoke to me, and I saw the prisoner pass the Chaise and Horses—I saw him chuck a 2s. piece away into the road, which he had taken out of Mrs. Knowles' hand—I went and took possession of it—I followed the prisoner; he went into Mr. West's, and he went out to go to the water closet—I saw Hawkins pick up a purse with money in it—the prisoner was there; I had followed him to the place where the purse was picked up—he was given into custody—I kept the 2s. piece in my hand, and gave it to the constable.
GEORGE HAWKINS . I am a labourer. On Sunday evening, 16th May, I saw the prisoner, and I saw the last witness with a 2s. piece in his hand—I followed the prisoner into Mr. West's skittle ground—I found two 2s. pieces and three shillings, in a green purse—I took them to the station, and gave them to the constable.
HENRY DARBEN . I am a labourer. On that Sunday evening, I went, with the last two witnesses, after the prisoner—I saw a purse in his hand; I cannot swear that this is it—I followed him to Mr. West's public house; he asked for half a pint of beer—he ran out, and said he wanted to go to the water closet—he went out, and I saw the witness pick up the purse.
JOSEPH IRISH (Police sergeant, T 36). I took the prisoner, on the 16th, in Hounslow Road—I found on him 1s. 6d. in good silver, two duplicates, and a piece of string—I went into the beer shop; I saw Hawkins pick up this purse, with two bad florins in it, and three bad shillings, all folded up separately in tissue paper.
Prisoner's Defence. I did not know that the 2s. piece was bad; I changed some money, and never looked at it.
GUILTY .— Four Years Penal Servitude.
MESSRS. CLERK and POLAND conducted the Prosecution.
GEORGE APPLETON (Policeman, A 308). I produce a certificate—(Read: "Central Criminal Court, August, 1856; Mary Jones, Convicted of uttering counterfeit coin; Confined four months")—I was present at the trial—the prisoner is the person.
LOUISA BRIDGE . I am bar maid at the Oxford Arms, Somers Town. On Saturday, 3d April, the prisoner came—I served her with a quartern of rum; it came to 5d.—she gave me a florin; I bit it, and found it was bad—I returned it to her—she took it away, and left the house.
piece of bacon, which came to 11 1/2 d.—she gave me a bad florin—there was a constable in the shop; I gave it to him, and gave the prisoner into custody.
JOHN COOK (Policeman, S 178). On Saturday, 3d April, I saw the prisoner in High Street, Camden Town—I followed her, and saw her go into Mr. Compton's, a grocer—she went to several other shops, and I saw her go into the Oxford Arms—she came out, and I followed her to Mr. West's—she took a piece of bacon off the board, and put down a piece of money, which was bad—I took her and the piece of bad money—she was taken before the Magistrate, and gave the name of Mary Moore—she was remanded till the 8th, and was discharged.
MARY DAVIS . I am bar maid at the Marquis of Granby, in Gray's Inn Lane. On Wednesday, 19th May, the prisoner came between 4 and 5 o'clock, for half a quartern of rum; I served her; it came to 2 1/2 d.—she gave me a bad florin; I tried it with my teeth; I told her it was bad—she said she did not know it was bad, and told me to give it her back, and she would pay me for the rum—I did not give it her back—she paid me for the rum in halfpence—I took the florin to my master, and he sent for a policeman—the prisoner was given into custody, with the florin.
JAMES BRIGGS (Policeman, G 195). On 19th May, I took the prisoner into custody at the Marquis of Granby, on a charge of uttering a bad florin—she said she was not aware of it; she had taken it in the street of a man, who had bought some ornaments of her for stoves—she had not any with her at the time—she said she had never been in trouble before—this is the florin I received from Mr. Clough.
GUILTY . **— Four Years Penal Servitude.
MESSRS. CLERK and POLAND conducted the Prosecution.
ELIZABETH JOHNSON . My husband keeps the Duchess of Kent, in Stratton Ground, Westminster. On 13th May, the prisoners came in together, about 5 o'clock in the afternoon—they sat down in front of the bar, and Judd asked for a pot of beer; the price was 4d.—I served him, and he put down a shilling—I took it up, and gave him a sixpence and 2d. in change—I put the shilling in my pocket, where I had one other shilling and eight sixpences—they drank the pot of beer, and were still in front of the bar—in half an hour afterwards they called for another pot of beer—Standon paid for it with a shilling—I put that in my pocket, and gave him a sixpence and 2d.—they all drank that beer, and they then asked for the skittle ball—I gave it them, and they went into the skittle ground—in about a quarter of an hour, Judd came to the bar for another pot of beer—I served him; he gave me a shilling—I put that in my pocket, and gave him sixpence and 1d. change, because the beer is 5d. a pot in the ground—in about a quarter of an hour, Reeve came for a pot of beer—he gave me a shilling; I put it in my pocket; I gave him 7d. change and the beer, and he took it into the skittle ground—shortly afterwards Reeve came for another pot of beer; he gave me another shilling—I felt it, and found it was bad, and gave it back to him to be returned as not a good one—he took it away, and shortly after brought me a 4d. piece and a penny, and from what he said to me I examined the money I had in my pocket—I found I had five shillings; one was good, and four were
bad—the prisoners had then left the house—they left soon after I returned the bad shilling to Reeve—I did not see them go—from the time I received the first shilling from Judd, I did not receive a shilling or a sixpence from any other person but them—I had taken some coppers from several persons—I gave three of the bad shillings to Mr. Ward; the other I marked, and gave to the officer at the station.
WILLIAM REEVE . I live in Pye Street, Westminster—I assist the last witness in her business. On Thursday, 13th May, I was assisting in her skittle ground, about 6 o'clock in the evening—the three prisoners were playing there—Standon asked me to fetch him a pot of beer; he gave me a shilling to pay for it—I went to Mrs. Johnson for the beer—I put the shilling on the bar; she gave me a sixpence and a penny in change, which I gave to Standon—the three prisoners and a civilian, named Henry Cook, were playing together—I put the beer on the form, and they all four drank of it—some time afterwards, Lansdown told me to fetch a pot of beer, and he gave me a shilling—I took it to Mrs. Johnson; she said it was bad; she did not take it—I took it back, and gave it to Lansdown—I said to him, "This is a bad one"—he said, "Who has got any money?" and Judd pulled out a 4d. piece and a penny, and gave it me to go and pay for the beer—when I gave the shilling to Lansdown, he said to me, "You must have given it to me," and Standon said, "I can tell you where you got it from; you got it from the Star and Crown, in the Broadway"—soon afterwards the prisoners went away from Mrs. Johnson's, and I went and spoke to her about the money she had taken—Ward, a brick maker, was in the tap room, and I went with him to look after the three prisoners; we met a constable—I saw all the three prisoners together in Rochester Row; two of them went into the Rochester Arms, but Lansdown did not; he walked on, and the constable went and took him in the street—I went into the house, and pointed out the other two prisoners.
THOMAS JAMES WARD . I am a brick maker, and live in Westminster. On that day I was in the Duchess of Kent—I received three counterfeit shillings from Mrs. Johnson—I went with the last witness in search of the prisoners; I found Judd and Standon in the beer shop, and they were given into custody—I gave the three shillings to the constable.
MARY ANN LEE . My husband keeps the Rochester Arms. On 13th May, Standon and Judd came in together; Judd asked for a pot of beer, and he gave me in payment a bad shilling—I told him it was bad; he said, "I don't think it is;" I said, "Yes, it is;" I held it up for him to see it; it fell on the floor, and the policeman took it up—while I said that to Judd, Standon said to him, "Mind, if you pass a bad shilling, I know nothing about it."
ROBERT BAKER . I am fourteen years old; I live with my parents, in Westminster. On 13th May, I saw Lansdown in Rochester Row—I saw the policeman take him in custody—as he was walking along, I saw a shilling drop from him—I took it up, and took it to the station, and gave it to the officer Phillips.
GEORGE FINNIS (Policeman, B 174). I took Lansdown, in Rochester Row, about 150 yards from the Rochester Arms—I took him to the station, and found on him six sixpences, one 4d. piece, and 4d. in coppers, all good—Baker gave me this bad shilling.
WILLIAM DIGHTON (Policeman, B 175). I went, on 13th May, with Butcher, and Reeve pointed out Standon and Judd in Rochester Row—they went into the Rochester Arms; we went in after them—Butcher picked up a bad shilling—I took Judd, and found on him one sixpence and one penny, good—Ward gave me these three counterfeit shillings.
WILLIAM BUTCHER (Policeman, B 109). I went to the Rochester Arms; I saw this shilling fall on the floor—I took charge of Standon—I said they had been in a public house in Stratton Ground, and passed bad coin; they said they knew nothing about that, but Judd said, "I own to passing this one"—I found two bad shillings in Standon's right hand coat pocket—he had three sixpences and four 1d. pieces—I received this counterfeit shilling from Mrs. Johnson.
WILLIAM WEBSTER . These two shillings found on Standon are bad—this one produced by Mrs. Johnson is bad, and from the same mould as one of those found on Standon—this one, dropped from Lansdown in the street, is counterfeit, and from the same mould as the other two—these three produced by Ward are all bad; two are from one mould, and one is from the same mould as the three that I have looked at—this one uttered by Judd is bad—here is one from one mould, three from another, and four from another.
Standon's Defence. I had been out in the afternoon; I did not know I had any bad money.
Lansdown's Defence. I can prove I was not out of barracks till after 5 o'clock; I own to going to the house that evening; when I went to Rochester Row, I left these men, and was going home.
Judd's Defence. If I passed any bad money, it was what I received at skittles.
JAMES SUTHERLAND . I am pay sergeant in the Guards. Lansdown was in barracks at 5 o'clock that day—I did not see him leave, but he answered to his name at 5 o'clock on parade—I paid him 6d. a day; he had received 6d. that morning.
MR. CLERK. Q. Had he been in the hospital some time previously? A. He had been in confinement, not allowed to go out, but on that day he was on parade—he might have been out, and come in five minutes before the time—it is not more than five minutes' walk from the barracks to the public house.
COURT. Q. Were the other two prisoners in barracks also? A. Yes, and they answered to their names at the same time as he did.
STANDON— GUILTY .
LANSDOWN— GUILTY .
JUDD— GUILTY .
Confined Six Months each.
MESSRS. CLERK and POLAND conducted the Prosecution.
THOMAS RICHARD ABBOTT . I keep the York Arms public house, Middle Serle's Place. On 7th May, Mingay came, about 5 o'clock in the afternoon, for 6d. worth of gin and a pot of beer—the beer came to 3d.; I served her—she gave me a half crown—I saw it was bad, by the pewter of the counter—I said, "Well, I don't like the look of this, it is too black;" she said, "It is good enough, you are no judge of money, but give me that back, I will give you another one"—she put it in her breast and put down a shillings—I gave her the half crown back—I saw that the shilling was bad; I said, "Well, now, you must wait a minute, for I have not any small change"—I sent my daughter for a constable, and he took Mingay into custody—I delivered him the shilling which Mingay had tendered.
Cross-examined by MR. T. ATKINSON. Q. Have you known Forster for some time? A. Yes, since I have had the house, about twelve months—I have known him as I know my ordinary customers—he is a shoemaker—I never knew him to work at anything else but shoemaking—he works in a
little place—I have seen Mrs. Mortlock, his daughter, as a customer, nothing further—I believe she lives over the water—I have supposed her to be his daughter—I called at her place at Lambeth, on one occasion—that is some time back.
Cross-examined by MR. LAWRENCE. Q. Has Mingay been in your house before for beer? A. Yes, repeatedly—I knew she was living at Mr. Forster's; she has fetched beer and gin, and always paid—I have trusted her, and always found her honest.
JOHN WHITTINGTON (Policeman, F 37). I took Mingay in charge for tendering counterfeit coin to Mr. Abbott—I found two more counterfeit shillings in her hand—Mr. Abbott gave me one counterfeit shilling—I asked Mingay where she got them—she said, if I would go to her lodging she would shew me the person who gave them to her—she took me to No. 2, Crown Court, which is not above fifty yards from Mr. Abbott's—I went to the front room on the first floor—I found Forster and Mortlock there, standing up—when we went in, Mingay pointed to Mortlock, and said, "That is the person who gave me the counterfeit shillings"—Mortlock made no observation—Mingay said the word "Counterfeit"—Allen, another constable, A 315, had joined me and went in with me—I commenced searching the room—a small room opened out of it—I went in to that, and found these five counterfeit shillings (produced) on a shelf, under a frying pan—these are the two shillings I took from Mingay, and this is the one Mr. Abbott gave me—I came into the other room, and found this counterfeit shilling on the floor—Mortlock was standing near the spot where I picked it up.
Cross-examined by MR. T. ATKINSON. Q. It is very likely she was standing near the spot where you found the shilling? A. Yes, she was standing quite upright—I found it within about six inches of her dress—her back was turned towards me when I came from the small room—there might have been a small carpet on the floor, but not where this shilling was—Mingay told me that was the person who gave her the counterfeit shilling—I was at Bow Street several days—I was there on a charge against a man named Adams—Forster was present on that occasion, and I was there, and some other officers—I did not see Mortlock there—I was there from the first of the inquiry till the last, when the man was dismissed—I knew where Forster worked; I was on that beat—I knew he was a working shoemaker in Carey Street—I did not make inquiries at Fanny Mortlock's place, in Lambeth,
HENRY ATTWOOD ALLEN (Policeman, A 315). On 7th May, I went to No. 2, Crown Court, with the last witness—I found Mortlock and Forster in the room—I saw Mortlock go to the front room, and put her hand to the mantle piece and withdraw it—I went to the mantle piece, and, at the place where I saw her hand come from, I found this bad shilling—Mingay went to the room with us, and I saw her leave one part of the room and go to the other end of the mantle piece; I saw her move an image, or ornament, and place it close against the wall—I went there, and found this half crown placed on it's edge, pushed against the wall, kept up by the image—this is it—when we went into the room, I said to Mingay, "Who was it gave it you?" she said, "That is the one," pointing to Mortlock.
COURT. Q. Did you hear her say she would point out the person when you got to the lodgings? A. Yes—I said, "Which is the one?" and she said, "That is the one."
MR. CLERK. Q. What else did she say? A. She made several remarks about a trap being laid for her, and about a man bringing the money there—Mortlock said, that Lady (that was Mingay) brought the money up stairs, and
laid it on the table, and she believed it was 6l. odd—I went with Whittington to the place in Carey Street—Whittington opened the door with the key—I followed him into the little stall—we made a search over the place, and I found this bad shilling on a small shelf, in this small piece of paper.
Cross-examined by MR. T. ATKINSON. Q. Was Forster with you when you found this shilling? A. No; Franklin, the constable, who is here, gave the key of this place to Whittington—when this conversation took place, about where Mingay got the money, Whittington was present; he could have heard what was said—Mingay said something about a man named Adamsbringing the money into the house.
Cross-examined by MR. LAWRENCE. Q. Did you and Whittington go to Crown Court with Mingay? A. Yes—when we got up stairs, Mingay said something about a trap being laid for her—when we got to the house, we saw Mortlock there, and Mingay said that was the woman who gave her the money—I believe the words were, "That is the one"—Henry Adams was mentioned by name—when she said a trap had been laid for her, she said something about Adams bringing the money.
WILLIAM FRANKLIN (Policeman, F 72). I went, on the evening of 7th May, to this room, in Crown Court—Holmes went with me—the three prisoners were in the room—Forster was sitting on the side of the bed—I asked him to get up; he said he could not—I took him off the bed with assistance—he is a little lame, but he can walk very well—when I lifted him off, I searched him, and, in his left hand trousers pocket, I found a 5s. piece and a shilling, which were counterfeit—I took Mingay to the station, and, as I took her, she said a man named Adams brought the money there, and he lived somewhere over the water, she did not know where—I went to Forster's stall; I found the key of it in his pocket—I gave the key to the other constable, with directions to lock the place up; but I had been to the stall previously that night, with the same key—I and Holmes went, but we did not find anything—when we came away, I locked the place up, and gave the key to the other constable—I do not know Henry Adams; I never saw him at Bow Street.
Cross-examined by MR. T. ATKINSON. Q. Did you know Forster's little place where he worked before? A. Yes; it is very small; there are a great many things in it; you can hardly turn yourself round—we looked pretty well all over it, as much as we could—I do not think there are many shelves, but the top is not ceiled, it is rafters—there are many little holes and corners where a shilling might be placed—I did not look a great deal, I believe we might not have looked in every place; it appears we underlooked our duty—I do not think there was more than one shelf; there were a great many things on it, I took some of the things from it—I believe Holmes looked there—there were about 300 pairs of lasts in the place, I do not know what space they would occupy, we had to climb over them—I think there was a seat there, an old chair—I removed a great many of the lasts—I believe Holmes looked on the shelf; I might have looked myself, I cannot recollect whether I did—I think there was a shelf, and to the best of my recollection it was tied up with string—there were some things on it, but what they consisted of I cannot remember now.
Cross-examined by MR. LAWRENCE. Q. What time did you take Forster to the station? A. About half past 7 o'clock—it was when Mingay was going to the station that she said a man named Adams had brought them.
produce—he was then in custody of the last witness—his hand was clenched, and I had some difficulty in forcing it open—I took him to the station—he said that he had passed no had money.
WALTER HOLMES (Policeman, F 50). On the afternoon of 7th May, I went with Franklin to the house in Crown Court—I saw Forster sitting on the bed; I asked him to get up; he refused to do so, and we were obliged to pull him up—under the bed there was something tied up, which I found to be base money, in this cloth—I opened the cloth at the station—when I found the cloth all the three prisoners were in the room, they saw me find it—I said, "I have got the bank"—none of the prisoners made any observation just then; but Mortlock, I believe, said that she knew nothing about it, and she had 4l. a week allowed her by a barrister in the Temple—that was in consequence of my telling her she would have to go to the station house with me—As she was going to the station, she said, "Lady Mansfield brought it in"—it was counted, and I said, "What a lot of bad money there is"—I knew that by Lady Mansfield, she meant Mingay, as I knew them well—when I got to the station I examined the contents of the bank, and I found four crown pieces, thirty-eight half crowns, and twenty-one shillings—I went to the stall with Franklin, and partly looked over it; we did not think there was anything, and I returned the key to another constable to fasten it up—When we were at the station, Mingay said that a man named Adams had brought the money—I did not know him; I was present at Bow Street, when Adams was in custody—Forster gave him in custody, and brought him to the station, and told, the inspector that he would produce witnesses in the morning to prove that he brought the bad money, but not producing any, he was discharged—Forster was there, but Mortlock was not; Forster got up to give evidence, but he did not see him bring it, and he could not produce any one that did, and the Magistrate said he had no power to detain him—I did not see Mortlock there; I saw her when she was out on bail, that was all.
Cross-examined by MR. T. ATKINSON. Q. Did you hear the Magistrate say, that without Mingay the case could not go on. A. No—I believe Forster mentioned the name of Mingay—I looked partly over the stall—there was a mass of confusion—a number of old boots, scarcely a pair at all, but odd ones; there was crockery ware, and all sorts of things—there might have been fifty pairs of lasts; we had to get over some of them—there was a shelf there; I looked over the shelf, to the best of my recollection—there were two or three little earthenware pots there; I looked in them—I did not look all over the shelf—I did not take the pots up; I turned them aside—I have been over the water, to Mrs. Mortlock's place—I really forget the name of the place; it is close to Kennington Lane—I went in consequence of what she told me, her having another residence—she did not live with her father—Franklin and another officer were with me—we looked over there; we found no bad coin—we found plenty of plaster of Paris, which is used for making counterfeit coin—we found several lots of plaster of Paris in the kitchen—I believe it was in paper—we did not bring it away—I believe there was some in an earthenware pot—I should say, to the best of my recollection, there was half a dozen pounds.
Cross-examined by MR. LAWRENCE. Q. Did Mingay say that Adams brought it there? A. Yes—I do not recollect that she made an observation in the room about Adams bringing it and putting it on the table.
WILLIAM WEBSTER . This shilling, uttered by Mingay to Abbott, is counterfeit, and of the date 1852; the two shillings found in her hand are counterfeit, one is of the date of 1852, from the same mould as the one she
uttered; the other is 1819—these five, found under the frying pan, are all bad; two of them are of 1852, from the same mould as the other two; and three of the date 1819, from the same mould as the other one—this one, found on the floor, is of the date of 1852, and from the same mould as the others; the one found on the mantle piece is 1852, from the same mould—this half crown, found on the mantle piece, is counterfeit, of the data 1834—this shilling, found in the stall, is of 1852, from the same mould as the others—this crown piece, found in Forster's pocket, is of 1819, and is bad—this shilling, of 1852, found in his pocket, is counterfeit, and from the same mould as the others—this shilling, taken from his hand, is bad, it is of the date 1852, and from the same mould—these four crown pieces in the cloth, of 1819, are all bad, and are from the same mould as the one taken from Forster's pocket—the half crowns in the cloth are bad, ten of them are George IV., of the date 1826, all from one mould; fourteen of them are George III., of the date 1817, thirteen are from one mould, and one from a different mould; six half crowns are of William IV., dated 1834, they are all counterfeit, and from one mould, and from the same mould as the one placed on the man✗ piece by Mingay; six half crowns are of 1846, all from one mould, and all bad, two are of 1845, and are bad, and from one mould—these twenty-one shillings are all bad, fourteen of them are from one mould, of George III., 1819, from the same mould as the others of 1819, found under the frying pan—seven others are of the date of 1852, all bad, and from the same mould as all the others of 1852.
The prisoners' statements before the Magistrate were here read as follows: Mingay says, "I am living with Mr. Forster, who is a very honest man; at 6 o'clock in the morning, he went out, as usual, to his stall; he took one penny with him; I never saw him till 1 o'clock, when he and his daughter, the prisoner Mortlock, came home, and I let them in; Mrs. Mortlock lay down on the bed; I said to her, 'There is not room for you and your father to lay down, I will pull the bed down;' in doing so, something very heavy fell on the boards, in some newspapers; soon after a man named Henry Adams came into the room, and placed the money in the bed, and then went into the back room; the shilling I paid to Mr. Abbott, was given to me." Forster says, "My sight is very bad, and whether I took bad money or good I can't say, but I did not know it was bad." Mortlock says, "I went home with my father, and, being very tired, I laid down; Mingay pulled down the bed, and something very heavy fell off it; she picked it up and placed it on the table; she then said, 'We will open it, and see what the contents are;' and we found it was this money; I said, 'It never can be bad money;' and I asked Mingay to go to Mr. Abbott's, and take a shilling, and ask him to try it; she came back, and said it was perfectly good; I then counted the money, and said to my father, 'If this should be bad money we may be transported;' but my father knew nothing whatever about it; I asked him what had better be done with it, and whether he would throw it down the water closet; I put the money in this dirty cloth, and laid it in the corner of the room."
(Forster and Mortlock received good characters).
MINGAY— GUILTY . *— Confined Eighteen Months.
FORSTER— GUILTY .— Confined Twelve Months.
MORTLOCK— GUILTY .— Confined Nine Months.
OLD COURT.—Wednesday, June 16th, 1858.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice CROMPTON; Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. CHALLIS; Mr. Ald. MECHI; and MICHAEL PRENDERGAST, Esq., Q.C.
Before Mr. Justice Crompton and the Third Jury.
MR. SLEIGH conducted the Prosecution.
WILLIAM JAMES MITCHELL (City police inspector). It is a portion of my duty to examine candidates and their testimonials, on their applying to be admitted into the City police force. On 11th May, I received a letter from the defendant, containing this certificate produced—(Letter read:"Sir, I beg to know if you want any men in your force, as I should like to get in as one; I have enclosed you my discharge, and any other certificate you may require, I shall be disposed to give; I am a married man, and am going to live in the City. Charles William M'Intosh")—The certificate was to the effect that Charles William M'Intosh had served in the army six years and 254 days, and was discharged in consequence of being ineligibly enlisted; his character very good; signed by Colonel Hogg and the commanding officer, 16th March, 1858—I made a communication to the prisoner, in consequence of which I had an interview with him on 20th May—he said that his name was M'Intosh, that he was an applicant for the City police force, and that he had received a letter from me, appointing for him to come to the reserve office in Bow Lane—I asked him if he had any letter with him; he said that he had left it at home—I then showed him this letter and certificate, and asked him if they were his, and if they were genuine—he said, "Yes"—he had not at that time filled up the usual declaration—I gave him our form of declaration, and told him, if they were genuine, to fill it up—he then filled it up in his own writing in this form—this declaration was signed by the prisoner, and stated that he had been in the 1st Life Guards six years 254 days—after he had signed it, I told him it was my duty to take him into custody, for that I had ascertained that the certificate had been altered, and was not genuine—he was searched in my presence, and the letter I had sent to him was found on him.
Cross-examined by MR. METCALFE. Q. What is it you complain of as being untrue? A. His representing himself as having been in the regiment six years and 254 days—I have not inquired into anything else—I have heard from the adjutant of the regiment that he bears a very good character—I heard from the adjutant that when he enlisted he had verified the other particulars—I have not the slightest reason to believe that anything is untrue except that—I did not inquire into anything but his character and the number of years he had served.
JOHN LIMBERT . I am adjutant of the 1st Life Guards. The defendant was enlisted in my regiment on 4th July, 1857, by my superintendent, and was discharged on 16th March, 1858, having served exactly 254 days, and being ineligible in consequence of physical disease—I did not deliver his certificate to him—I saw that it was made out by my superintendent, but not in the form in which it is now; it has been altered—I can say that I had seen that paper at the time he left—it was made out in my presence; I saw it when it was completed, and before it was delivered—I saw it after it was
signed; it has been altered since; the "7" in 1857 has been made into "1;" 1851 instead of "7," and the word "six" has been inserted before; the letter "y" has been added to "ineligible," and the word "enlisted" has also been added—Colonel Hogg signed it in my presence; these alterations are not Colonel Hogg's writing.
Cross-examined. Q. I believe you found him to be a man of very good character? A. Of very good character; he conducted himself very well indeed—he spat blood, and had a very weak chest; he could not stand the riding—I found him perfectly capable of performing the other duties—I had communicated with his father in several letters previous to the enlistment, and the result was that the statement was correct.
COLONEL JAMES M'NAUGHTON HOGG . I am a major in the regiment and lieutenant colonel in the army. The signature to this certificate is in my writing, but it was not then the same as it is now; there are alterations made, not by me or by my authority—I quite agree with what Mr. Limbert has said as to the word "six," as to the "y," and the word "enlisted"—I am not the only officer who signed it—a discharge document is generally by three officers; the captain writes this, and I add my name—the signatures are mine, and that is all—I attest the truth of the document, which is given to me.
Cross-examined. Q. Do you agree also with Mr. Limbert as to the man's character? A. Quite—he had a very good character on leaving the regiment.
MR. METCALFE. Q. How do you know that he had the power? A. I have seen him appoint scores.
MR. METCALFE submitted that the prisoner could not be convicted of the offence alleged, inasmuch as it was clear that there was no intent to defraud, or any one who could have been defrauded (See Reg. v. Hodgson). MR. SLEIGH referred to the case of Reg. v. Sharman. MR. JUSTICE CROMPTON was of opinion that the alterations made in the document were sufficient to constitute a forgery, and that the attempt, by that means, to get into the police force, would be prime facie evidence of an attempt to deceive and defraud.
GUILTY.—Recommended to mercy by the Jury. — Confined Two Months.
MR. SLEIGH conducted the Prosecution, and MR. ROBINSON the Defence.
NOT GUILTY .
MR. CAARTEN conducted the Prosecution.
STEPHEN PERRY (the elder). I live at Fox Court, Gray's Inn Lane, in the first floor front; the prisoner lives in the same house, in the first floor back. On Thursday, 6th May, about half past 5 o'clock in the morning, I went down for some water; I was dressed—as I returned up stairs, the prisoner was standing on the landing, by my door—when I came on to the landing, he rushed at me, and I received a wound on my neck—I saw nothing in his hand—he said, "There, you b—, take that"—I was cut, and it bled—it was inflicted with some sharp instrument—I had not said anything to him—I went down stairs as fast as I could, to make an alarm—I ran into the court and saw a policeman—I heard the prisoner follow me a few stairs down, but
cannot say what became of him—I did not see him any more—he was afterwards taken in custody by the policeman whom I saw in the court, but I did not see that, as I was taken to the Royal Free Hospital—I did not lose my senses.
Prisoner. Instead of being the aggressor, I am the aggrieved party; you have sworn that I followed you; did not I make a rush at you? Witness. You followed me.
Prisoner. He has stated two or three things false; I have had my peace of mind disturbed by this man, by cohabiting with a woman who lived with me, and robbing me of my bedstead, and books, and things out of my room.
THOMAS JONES (Policeman, G 165). On 6th May, about half past 6 o'clock in the morning, I was in Gray's Inn Lane, and heard cries from Fox Court—I went there, and saw Perry, the elder, bleeding from the neck—in consequence of what he said to me, I went up stairs, to the back room, first floor, and found it fast, the prisoner was in the room—I asked him to open the door, he said that he would, but did not—I broke it open and got into the room, and then he said, "I did do it; it is a man who has been living with a woman who honestly bore a child by me"—I asked him where the knife was; he said, "I threw it behind the bed"—I told another constable who was with me to look behind the bed, and he found it there, but I came away with the prisoner and took him to the station, he was sober; I did not see the knife in his presence.
Prisoner. The door was not locked. Witness. I tried it, and it would not open.
EVANS ROLFE (Policeman, G 56). I was in Fox Court, and saw Perry coming to the door of No. 1, calling out "Murder" and "Police"—his neck was cut, and was bleeding very much—I went up stairs with Jones to the back room, first floor, and found it fastened—I tried it, and could not open it—I assisted Jones in breaking it open, and when I got in I saw the prisoner there—I took Perry to the hospital, and then returned, searched the room, and found this knife (produced) behind the bed—I observed nothing on it—Jones went into the room first, and I was not so near as he was, and did not distinctly catch the words the prisoner said.
Prisoner. Instead of stating the prisoner came into the room, he went with the prosecutor to the hospital, and he could not be in two places at once; that knife has been altered, I almost doubt whether it is the same.
JOSEPH EDMUND O'LOUGHLIN . I am senior house surgeon to the Royal Free Hospital, Gray's Inn Road. On 6th May, about 6 o'clock in the morning, the elder Perry was brought there—he had a large incised wound, about seven inches in length, extending along the base of the lower jaw, and going as far as the back of the neck—it divided some important vessels—it was apparently a cut—he had lost a considerable amount of blood, and was in a state approaching collapse—I attended to the wound, and he remained in the hospital till yesterday morning—the wound is not yet quite healed—it was a very dangerous wound, and might have been inflicted with a knife of this kind—it would take considerable force to inflict it, as the knife is blunt, but if the knife was sharp it would not require much force—it was a jagged wound, and a portion of it was lacerated.
Prisoner. Q. Is it possible that a man should walk three quarters of a mile with such a wound as you describe? A. I believe he came on a stretcher—he may have walked three quarters of a mile—the wound was about seven inches long, it completely divided the skin; it was at least half an inch deep I should say.
Prisoner's Defence. I became acquainted with a woman of the name of Walker, and for a year and a half or two years I was living with her in the same house with the prosecutor, with whom she formed a connexion; while I was from home, he robbed me of my bedstead and other things, as well as destroyed my peace of mind, and ultimately cohabited with her before his children; I received her again, after promising she would have nothing more to do with him; but she broke the promise, and, worked up into a state of frenzy, for three days I knew not what I was doing; I did not intend murder or grievous bodily harm, or anything of the kind; I pray for mercy.
GUILTY on 2d Count. — Eight Years' Penal Servitude.
(There was another indictment against the prisoner for wounding Stephen Perry the younger.)
NEW COURT.—Wednesday, June 16th, 1858.
PRESENT—Mr. Ald. COPELAND; Mr. RECORDER; and Mr. Ald. MECHI.
Before Mr. Recorder and the Fjfth Jury.
MR. ROBINSON conducted the Prosecution.
JAMES MURRAY . I am a chronometer maker, at No. 30, Cornhill. I have one partner—on 17th May, the prisoner called at my shop; he asked to see some patent winding watches—he was shown some by my partner, and, after looking at one at 48l., he said he would make up his mind in a day or two—he gave no name or address—he did not call again—I received a letter in the afternoon of 19th May—I am not certain when I saw that letter last, but it was on the day I was examined at Guildhall, when I handed it to Mr. Martin—I cannot swear what he did with it—Mr. Martin's clerk said, "Of course we will take care of the letter"—in consequence of that letter, I went to No. 20, Charles Street, Westbourne Terrace—I asked if Mr. Mitchel was in, and I was shown into a small room; the prisoner came down, and I said to him, "We received your letter, Sir, this afternoon, and I have brought the watch and some chains for inspection"—we had some general conversation about the watch, and the way of winding it—he asked me if I had a receipt with me; but he had first selected a chain, which I attached to the watch, and put it in a morocco case, and put it before him—I cannot swear whether it was before him when he asked me to make out a bill and receipt—I said I had a bill of the watch, but I would add the chain to it, which came to 12l. more—I added it, and he then desired me to receipt the bill, at the same time saying, "You give discount for cash"—this is the bill (produced)—I receipted it—we had some little argument about the discount, and I agreed to take off five per cent—he then said something about not having sufficient money there to pay for it, and he said, "Excuse me for a moment, I will go up stairs and fetch it"—he took up the watch and the account, and slipped out at the front door—I waited about a quarter of an hour after he had left the room—as soon as I had packed up the chains, I opened the door to see that he did not slip out at the front door, but I did not see him again till he was in custody at
Guildhall—this is the watch and chain—it is all my property with the exception of the morocco case.
Prisoner. Q. When you showed me the watch, did you deliver it to me? A. I attached the chain to the watch, and laid it on the table before you—it was in the morocco case at the time—you might have taken it up while I was writing the bill—you said you had not sufficient money there to pay for the watch—you took the watch and chain and case, and went out—I cannot say whether you ran—I opened the door in half a minute, and could not see anything of you—when I put the watch on the table I considered it was sold—you said you had not sufficient money there to pay for it—I allowed you to take it on the understanding that you paid me—I cannot say how long I remained in the room before I left, I believe about a quarter of an hour—I spoke to Mr. Morgan—I asked him where you were—I have not got the letter that you sent to me—I had parted with the watch to a certain extent—you took it off the table—I did not refuse your taking it from the table—I said nothing—I allowed you to go up stairs and take the watch and the bill, with the intention that you were to come back and pay for it.
MR. ROBINSON. Q. Would you have allowed him to go out of the house? A. No; the understanding was that I was to be paid for it there and then—I did not consider that he had got any right to the property without my getting the money.
SAMUEL MORGAN . I am a lodging house keeper, at No. 20, Park Street, Westbourne Terrace. The prisoner came to my house about 10 o'clock in the morning, on 19th May; he said he had just come from the country, and wanted a back drawing room, which I said I could not accommodate him with, but I had a small room, and a bedroom at the top—he asked what I wanted for them; I said 1l. a week; he said it was too much, he should be in town five or six weeks—I said, in that case, I would take something less—he went away, and did not take the rooms—he returned at 5 o'clock, and said he had come to say that he would take the rooms—he said he had written a letter to me, but had forgotten to post it—he said, "I have been to the Crystal Palace, I am very tired, I am going to the hotel to dine, and I will return"—he returned at twenty minutes after 7 o'clock, and asked if his room was ready; I said, "Yes"—he then asked me to send to the Great Western for his luggage—he said his hands were dirty, and he would go up stairs to wash them; that he expected a gentleman to call on him, and asked me to come and tell him—while I was up stairs the last witness called, and my wife showed him into the room—I went up and told the prisoner; he came down, and they remained together about a quarter of an hour—I heard the prisoner come out again, and he went up stairs very quietly to where he had washed his hands—I had occasion to go up, and I met him coming down—I asked him whether he intended to take tea; he said he could not tell, he was just going out for a minute, and when he returned he would tell me—he went out, I shut the door after him; I never saw him again till I saw him at Guildhall, in custody.
JAMES HUTCHINGS . I am porter at the Middlesex Hospital. The prisoner was a student there, and he had a locker there—the officer came and opened that locker in my presence; I saw him take out some watches.
ALFRED GREEN (City policeman). I went to the Middlesex Hospital school, and, in presence of the last witness, I opened a locker, and found this watch and chain, and other property—I apprehended the prisoner at Mr. Knight's, in Regent Street—I found on him some papers, and, amongst them, this invoice of the watch and-chain.
GEORGE MARTIN . I am clerk at Guildhall. I recollect the examination of the prisoner—a letter was produced referring to this particular case—I saw that letter on 22d May; I read it, and wrote it out—the prisoner was remanded till the 25th—between the 22d and the 25th my minutes had been copied by a clerk—on the 25th, further evidence was given, and the prisoner was committed—after each case is disposed of, it is my practice to have my letters and papers taken into another room for a clerk to copy—no doubt, I saw the letter at the examination, and, no doubt, it was sent with my minutes to the adjoining room—it is the officer's duty to see that he has all the papers before he leaves—my impression is, that the letter must have been delivered to the officer—there were three officers, but the only one that I recollect was Green—I have made every inquiry, and every search for that letter, and we cannot find it; I never heard of its loss till yesterday morning.
JAMES HARRISON NEWMAN . I am second clerk at Guildhall. I saw the letter on Monday, the 24th—I do not recollect seeing it since—I have no doubt I received the papers after the examination on the 25th, to complete the depositions—I do not recollect the letter then; it had already been copied—I have made every inquiry, and searched every desk, and I cannot find it.
ALFRED GREEN (re-examined). I never had possession of that letter—I never saw it, except when it was produced to the Magistrate; that was on the first examination—I did not take the papers from Mr. Martin to Mr. Newman—I was not in that case.
COURT to GEORGE MARTIN. Q. Who did you give it to? A. I might have given it to Roe, or another officer.
Prisoner's Defence. The letter, by some means, has been lost, whether accidentally or intentionally, it is not for me to say; had it been here, I think it would have exonerated me; but if it would not, I think the evidence will show you that this was a bondfide transaction; when Mr. Murray came to me, I looked at the watch and chain, and made a bargain for them; he attached the chain to the watch, and gave them to me; he made a bill, and took off the discount; I told him I had not sufficient money to pay him there and then; so far there was a bondfide transaction; had I brought the money, or at any time paid the money, would it have been a criminal charge? it is not for me to say whether it would or not; the watch and chain, and case, and bill, were all given to me; I said, "I have not sufficient money to pay you here, I shall pay you;" I had left my pocket book up stairs; I went up stairs, I washed myself, and came down again, having put my pocket book in my pocket; when I came down, the door was open, I did not see Mr. Murray in the room; I was asked a few questions, which occupied me some time; whether Mr. Murray was there, I do not know; the money was intended to he paid; he allowed me to depart, with the intention that I should pay it; I never intended to pay it immediately; had he asked me for the money when I came down, I should have paid him, or, if not, I should have returned it; I was to pay it at some future time; that future time was neither expressed nor implied; I am not sufficiently versed to know where the error is; I always thought, if a man intended to pay for an article, there was nothing criminal; it was my mind to pay for the watch.
GUILTY .— Confined Two Years.
NOT GUILTY .
SARAH BROWN . I am the wife of Thomas Brown, a cab driver, of No. 10, York Street, Westminster. On 12th May, I fell asleep between 3 and 4 o'clock in the afternoon—I was awoke by a person, and missed my shawl from off my shoulders, and a brown petticoat and pair of trousers which had been hanging behind the door—the room door was closed to when I laid down—none of the things have been found.
LOUISA LORN . I live at No. 10, York Street, and am a shoe binder. I was in the room in which the last witness lodged that afternoon, a little before 4 o'clock; she was there, lying on the bed, and I saw the things safe then—I left the room for five or ten minutes; when I came in, I missed the things from off the bed and from behind the door—I awoke her, and told her.
PATRICK SULLIVAN . On 12th May, I was in York Street, on the opposite side to No. 10—between 3 and 4 o'clock, I saw the two prisoners; they went together into No. 10—I saw Crawley come out first; she came and stood on the other side of the street; she had a bundle covered over—Sheen came out afterwards, and she had another bundle, and they walked down the street—I am sure that each of them had a bundle—they both went in together; they came out separately, and went away together.
Sheen. You first said I came out with a basket, and the second time the Magistrate asked if you saw me with a basket, and you said you could not say. Witness. Whatever you had, you had it covered over.
Crawley. He said he saw Sheen come out with a large bundle; he never said that he saw me with a bundle at all.
Crawley. I was speaking to my brother, and when I saw you, I said, "There is something the matter;" I ran across, and you came and took me.
NOT GUILTY .
643. BRIDGET SHEEN (20) was again indicted for burglariously breaking and entering the dwelling house of James Watson, and stealing therein 1 gown, 1 handkerchief, and other goods, value 5s., and 2 1/2 d. in money, his property.
MARY ANN WATSON . I am the wife of James Watson, of No. 3, Windsor Place, in the parish of St. Margaret, Westminster. On 13th May, I was awoke, at 3 o'clock in the morning—Mary Ann Charlton was sleeping with me—when I awoke I saw the prisoner outside the window—Charlton said to her, "What do you want?" the prisoner said, "Eliza Crawley"—I said, "No one lives here of that name;" the prisoner said, "Yes, there is, at one of these windows"—I said, "There is no such person living here," and got up to shut the window, which was then half open; I thought it was fast the night before, but it was not; it was close down—I went to bed at half part 10 o'clock—when I got up to shut the window, I found half of my shawl hanging outside the window; that shawl had been on the bedstead the night before—I laid down again, but being uneasy, I got up and got a light; I then missed a dress, a pair of drawers, and a pocket handkerchief, which had all been safe the night before on the foot of the bed—a person could reach those articles from the window, by putting their hand over, without getting into the room.
Prisoner. I went to ask for Crawley, who lives near there, at one of the windows; I did not know which; you said, "No," and I stood there several minutes; did I seem to have a bundle? Witness. No; but you had them between your legs, I believe.
MARY ANN CHARLTON . I was sleeping with the last witness—I was awoke at three o'clock that morning—I heard the window go up; I was afraid to look, but I asked her who she wanted, and she said Eliza Crawley.
WALTER PURCHES (Police sergeant, B 10). On the morning of 13th May, I was on duty in that neighbourhood, and saw the prisoner leave a passage which leads from the prosecutor's house—I followed her to Ship Court; I observed she had something with her—I asked her what she had; she at first refused to let me know, but I examined the bundle, and found that it contained a brown stuff dress, a white shawl, and a pair of drawers—she said that they were her's, and I let her have them—in an hour afterwards I received a description of the prisoner and the articles—I then went in search of her, and found her in Strutton Ground—I told her what I wanted, and she said she had not been near the place, and she had no bundle—I found on her this handkerchief and 1d.
Prisoner. These are the stays that I had (producing a pair)., and I have the skirt on, if you wish to see it; it was not a drew—I opened my lap, and showed you what I had; I had not a dress nor a shawl. Witness. You had a brown coburg dress, a pair of white stays, a pair of drawers, and a shawl.
Prisoner. Q. How can you tell it? A. By the hem; I hemmed it. Prisoner's Defence. I am quite innocent; I had my own things with me.
GUILTY . †— Confined Twelve Months.
THOMAS SCOTT . I manage the Shears public house, in Chequer Alley, Bunhill Row. On 23d April, the prisoner came and brought me this paper—he asked me to change this cheque; he said this was big share in the property left by his mother; that it was Mr. Ford's writing; that the property was in the Joint Stock Bank, and I could get it there—I said I had not enough to pay him the whole; I would let him have 2l.; he said, "Very well"—I let him have it—I went with it to the Joint Stock Bank, and from what they told me, I went to the prisoner's house; I told him they could not pay it till he went and gave his order to receive it; he said he would—I went to him again, and said if he did not go at oncet it would be too late—I went again several times—he said he would go with me to the Joint Stock Bank—I went again; he was out, and had left word he was gone to the bank—I went back to the bank; he was not there—I came back, and found him, about 5 o'clock the same evening, in a public house in Bunhill Row.
Prisoner. Q. Did you not receive this document from your wife? A. No; I was in the bar parlour; you gave it to my wife, and she gave it back to you again; I came out, and you gave me the document, when I gave you the 2l.
Prisoner. Your wife received it, and gave it into your hand, and you called me in, and voluntarily offered me 2l. Witness. Decidedly not; I told you I could not change it; I had not got the money in the house—I will swear you asked me to change it—I asked the amount, and you said 12l.;
I said I had not sufficient money; I would let you have 2l., and give you the remainder when I changed it at the bank in the morning.
JOHN WILLIAM FORD . I carry on business in Change Alley. I married a sister of the prisoner—my wife's mother died last Sept.—(Cheque read: "Please to pay Thomas Balden 12l., his share of the proceeds of the property of Mrs. Lucy Balden, deceased. John C. Ford")—that document is not my writing, nor was it written by my authority—I do not know of any property coming to the prisoner from my wife's mother.
Prisoner. Q. Is that your name? A. No; this is "John C. Ford;" my name is John William Ford.
COURT. Q. Do you know of any John C. Ford belonging to the prisoner? A. No, not on my family side.
Prisoner's Defence. With regard to the forgery, you will agree that the case entirely fails; and with respect to the uttering, I can assure you it was given to the prosecutor not with an intention of asking for any money, nor did I ask for any money; I never asked him to advance me one farthing; he said if I liked to have 2l., he would let me have it; this money was clearly lent to me; I did not utter this in any way to him; I gave it his wife, and he voluntarily offered me the money.
GUILTY OF UTTERING .— Confined Nine Months.
ANTONIO CORDOZA (through an interpreter). I am a seaman. On 9th June, I was standing in Neptune Street, looking at Punch and Judy—I felt a snatch at my watch, and saw it in the prisoner's hand; I ran after him; he threw it down on the pavement—another witness took it up, and gave it me—I did not lose sight of the prisoner till he was taken.
Prisoner. When he ran after me, I gave it him. Witness. No; you threw it down on the pavement; somebody else took it up.
JOHN MANNING (Police sergeant, A 51). I was on duty, and heard a cry of "Stop thief!"—I saw the prisoner running, followed by the prosecutor—I stopped him, and the prosecutor gave him in charge—I received this watch from the prosecutor; it had been picked up and given to him.
GUILTY .— Confined Six Months.
WILLIAM GARTNER . I am shopman to James Murray and another, No. 30, Cornhill. On 25th May, the prisoner came and wanted to buy an Albert chain—I took out a tray that contained a dozen chains; I counted them before I took them out—I placed them on the counter before him; he took the heaviest one of the lot in his hand—he asked the price; I told him fifteen guineas—the pattern of it did not suit him, he wanted one stout in the middle and taper at each end; we had none of that pattern, and I told him I could let him have one the next day—he then took up two other chains, he kept them in his right hand, and tried the weight of them—he then asked me to show him some chains which were in the next glass case—I opened the door and watched the movement of his hands—I took the first chain out, and at that moment I saw a rush with his hand, and the two chains were gone—I put my chain back again, and told him I supposed it would not suit him—he said, "Very well!"—I said if he called to-morrow he might have them—I
allowed him to go—I accompanied him to the door, but I catched him back, and said, "You are a swindler, you have taken two chains"—he said, "You are mistaken"—he put his hand into his coat pocket and took out two chains, and threw them on the counter, they were worth 23l.—I gave him in charge.
Cross-examined by MR. RIBTON. Q. How long have you been in this country? A. Three years—I am a German—the prisoner remained in the shop about three minutes after I saw this movement of the chains—I did not charge him with taking them—I thought it would be more value to allow him to go out of the shop with the goods—I was not acquainted with the law—I thought, when he went out, to fetch him back, and find the property on him; I thought the punishment would be stronger. During that three minutes I showed him another pattern, and in the mean time I counted my chains, and missed two of them; I counted them twice before he left the shop—he left immediately after I counted them tho second time—he had only gone from the shop outside into the passage—he had not got into the street, only one step in the passage—I could not call a policeman; I was alone in the shop—when I saw him make the move, I did not say anything to him about the chains; I counted them twice to be sure; I was sure the first time—he might see me count them, I was behind the counter—I kept him waiting three minutes, showing him the chains—I was not talking while I was counting them—he went out, and I went after him—I have said that I counted them in a hurry; it was two or three minutes before the policeman came—I left the prisoner in the shop with my governor's brother—I stood in the passage and called a policeman—the chains the prisoner took were coloured—they are not here, I thought it was not necessary; there were two chains taken to the Police Court—I was not able to swear that they were the two he took, he threw them amongst the lot—I said, "I think these are the two he took"—he did not say anything about the price; there was another mysterious move—he stepped forward, I rushed immediately behind the counter, and saw him throw the two chains, but they were amongst the lot, I could not see which they were—I could not say that they remained on the top—there has been no property lost since I have been there.
NEHEMIAH DOWNES , (City policeman 427). I was called to the shop, and the prisoner was given into my custody—I searched him, and found 3l.1s.2 1/2 d., and a half franc, a set of gold studs, a ring, a diamond pin, this cane, and a small knife. I asked him his address, and he refused to give it; he was wearing the pin, the ring was on his finger, and the studs were in his shirt.
GUILTY .—He was also charged with having been before convicted.
THOMAS RICHARDS . I am an officer of the Brighton and South Coast Railway—I produce a certificate of the prisoner's former conviction—(Read: "John Hall, Convicted, Jan., 1855, of stealing two rings; Confined Twelve Months,")—the prisoner is the person—he has been tried since and acquitted.
GUILTY.— Confined Two Years.
647. CHARLES BRITCHER (23) and GEORGE COOTE (33) , Burglariously breaking and entering the dwelling house of James Simmons, and stealing therein 200lbs. weight of tobacco, and other articles, value 35l., the property of James Simmons and another.
MR. COOPER conducted the Prosecution.
JAMES SIMMONS . I am a tobacco manufacturer, No. 173, Brick Lane. On Friday morning, 14th May, I got out of bed about half past 5, or twenty minutes to 6 o'clock, and discovered the place had been broken into, and my
goods were gone—I had seen my house all right the night before, at half past 11 o'clock—the doors and windows were all fastened by me—when I came out of my bed room door, in the morning, I found a window open—I suppose the house had been entered by that window—I missed 2cwt. of leaf tobacco, 10lbs. of cut tobacco, 10lbs. of cigars, and some snuff; that would be about the quantity contained in the sacks which I have seen—I missed an awl, which I had used for three years—I had put a handle to it, and it was blunt; it was in my back premises, where I cut my tobacco—I had seen it two or three days previously; this is it (produced)—I have never had any of my tobacco back—my shop is at the corner of Quaker Street.
Cross-examined by MR. RIBTON. Q. How long have you had this awl? A. About three years—this other awl (produced) I will swear I never had in my hand before—this one of mine is such as is used by shoemakers.
ELIZABETH SIMMONS . I am the prosecutor's wife. About seven days before the robbery, about 7 o'clock in the evening, I saw the prisoner Britcher about the premises, in company with another man; they were talking together, and viewing our premises in front—I was alarmed by them—they crossed from one corner to the other, and took a view of the premises—Britcher came into our shop the same evening, when they parted—he asked for half an ounce of tobacco, he asked me if we really manufactured our tobacco, and he took some leaf up in his hand, and asked if this was the leaf which we manufactured from.
GEORGE TUCK . I am a drayman. On Friday morning, 14th May, I was leaving home to go to work—I live in Quaker Street, and a man ran by me just as I came out of my door—I went on to the bottom of the street, and I saw a horse and cart standing at Mr. Simmons' side door, and I saw three men put three bags, or sacks, into the cart—the three men then walked up Quaker Street, and the man who was in the cart drove away in the same direction—I cannot swear to the other men, but Coote was the man who was in the cart, and he drove the cart away.
Cross-examined by MR. SLEIGH. Q. What time wag this? A. About half past 5 o'clock—I had to pass by Mr. Simmons' door to go to work—I never saw Coote before in my life, that I am aware of—I saw him in custody in the following week, three or four days afterwards, at the police station—I did not stop and talk to any of those men; I went on to my work—I was taken by the policeman to see if I could identify Coote—I was taken into a room where he was alone, and the officer asked if I could identify that man.
Cross-examined by MR. RIBTON. Q. Have you not said that Britcher was not the man that was in the cart, nor either of the three? A. I said he was not the man in the cart—I said I could not swear to him.
JOSEPH DIBLE (Policeman, H 195). From what I had been told, I went, on Sunday morning, 16th May, to Britcher's lodging, at No. 19, George Street—I went up stairs and knocked at his door—he opened it, and said, "It is the police; fetch me the poker, and I will kill the b—s"—he rushed in, and his wife said, "It is no use, because there are three of them"—I entered, and told him to dress, and in his jacket pocket I found this life preserver—I said, "What do you do with that?"—he said, "I carry that to protect myself, and if I had known of you b—s coming, I would have killed you"—I said, "You know me very well; you had better be quiet"—he then dressed—I searched the room, and in the cupboard I found this instrument for springing shutter bars—I found this other life preserver, and this hammer—I found this awl in the cupboard.
Cross-examined by MR. RIBTON. Q. His wife was in bed, did you give
her time to put her things on? A. When he said, "Bring me the poker," there was no time to spare—this iron instrument is not used at the Docks, for casks of sugar—this is almost the first one I have seen—I have been in the Docks very frequently, and if such an instrument had been used there, I must have seen it—I was on duty in the Docks, it may be three years ago—I was on duty two or three months—the Docks are where vessels come up—I do not believe there was ever such an instrument on board the vessels—he did not tell me about these life preservers; that the men coming from the Docks were liable to be attacked—I do not know that the Dock labourers have been attacked at night; I never heard of one case; I do not think he would have to go through a lonely part to go to the Dock—his wife did not say anything about this awl; she did not say that she used it for making children's shoes—I did not find, any children's shoes there, or any tobacco; it was rather too late for the tobacco—Britcher and two other men were taken, the others were not put on the charge sheet—they were shown to Tuck, he could not swear to the others; he said Britcher was very much like the man.
WILLIAM GREGORY (Policeman, H 66). On Friday morning, 14th May, I was in Quaker Street, and saw Mr. Simmons' side door open; I afterwards saw a cart standing at a public house door, about half a mile distance, I traced it by inquiries—I saw it about five or six minutes after I had seen Mr. Simmons' door open—I found several black sacks in the cart, and three light ones—the prisoner Coote came out of the public house, he said it was his cart, and said, "Is anything the matter?"—I said, "I don't know"—I turned the sacks inside out, but I could not smell any tobacco—he said he had been to the gas works to get some coke, but could not get it.
Cross-examined by MR. SLEIGH. Q. Did he say he had been to Hagger-stone Gas Works, and could not get any coke? A. No—the public house is opposite the London Hospital—I did not call him out; I was on the step of the cart, and he came out and said, "Is anything the matter?"
PETER WILLIAM DUNNAWAY (Policeman, H 129). I took Coote into custody on Tuesday morning, 18th May, at Stepney Gas Works—I asked him if he had been employed to remove any tobacco in Brick Lane, he said, "No"—I said, "Have you let your horse and cart to remove anything from a tobacconist's in Brick Lane, belonging to Mr. Simmons?"—he said, "No"—I told him I should take him for being concerned with another man, who was in custody for burglary and stealing a quantity of tobacco, and snuff, and cigars—this instrument is used for springing shutter bars—I went and pulled a shutter bar right out of its socket with it.
STEPHEN GRIMES . I had my dray in Spicer Street that morning, about half past 5 o'clock—I saw a cart close by Mr. Simmons' side door, and a man was standing in it—I could not rightly swear to him, but I believe it was Coote, I afterwards saw the same cart in Chapel Yard—I am sure it was the same; I told the constable the mark that was on it—when I saw the cart at Mr. Simmons', I saw three light sacks, or bags, put into it, and some coal sacks, or bags, were put over the three light sacks.
Cross-examined by MR. SLEIGH. Q. Did you observe that Coote was smoking a pipe? A. Yes—I was taken to the Police Station on the following Tuesday—Dunnaway came and told me they had the man in custody, and wanted me to go and identify him—he asked me if that was the man—I said I should not like to swear to him.
Cross-examined by MR. SLEIGH. Q. When you took Coote, did you ask
him his name and address? A. No; he gave his name and address at the station—I found it right—I searched his place, I found nothing relative to this.
Cross-examined by MR. RIBTON. Q. Do you know the Docks, and China Hall Halfpenny Hatch? A. Yes; there is a bridge where they pay a halfpenny to go over—it is rather a lonely road—I never heard of the men being attacked and robbed—I believe they are paid every day.
COURT to JAMES SIMMONS. Q. What induces you to say that this is the awl you lost? A. I put it into the handle more than two yean ago, and the point of it is blunted by running against a nail, three or four days before I missed it.
BRITCHER— GUILTY . †— Confined Two Years.
COOTE— GUILTY .— Confined Nine Months.
MR. SHARPE conducted the Prosecution.
MARY ANN KNOTT . I am eight years old; I live at No. 22, New Street, Spring Gardens, with my father and mother. On 24th April, I was waiting at Charing Cross to cross the road, at about 1 o'clock in the day—the prisoner came to me, she asked me what my name was—I said, "Knott;" she said my mother sent her to tell me to go to my aunt Susan and borrow 3l. or 4l., or as much more as she could afford, till Monday, 4 o'clock—I went to my aunt Susan, and asked her for the money—I said, "Please, aunt Susan, my mother sent me to borrow 3l. or 4l., or as much as you can spare, till Monday, 4 o'clock"—she gave me the money, and I went to St. Martin's Church with it—I saw the prisoner, she told me to come to St. Martin's Church, and I gave her the money—she then took me to Bedford Street, Covent Garden—she then went to a public house, and told me that was her house; she told me to wait outside; I waited a long time—I then went to my mother, and spoke to her.
Cross-examined by MR. GENT. Q. Have you always told the same story? A. Yes; I am sure that I am correct—I have not said differently—the prisoner only said a few words to me—she had a blue cloth cloak on, and a white straw bonnet trimmed with blue ribbons—if I saw a person with a white straw bonnet and blue ribbons, I should not be likely to make a mistake—I am eight years old—during the time I have been in the habit of speaking to persons, I have never made a mistake—I have not been mistaken for some other little girl—the person who spoke to me was short—she had her bonnet on—I will swear the prisoner is the person—I was two minutes speaking to her; she met me.
WILLIAM MURRELL (Policeman, G 80). I was present when Mrs. Knott was examined; I heard her sworn, and heard her give her testimony—the prisoner was present at the time, and had the opportunity of cross-examining her.
(The deposition of Ann Knott was Here read as follows: ANN KNOTT. I am the wife of James Knott, of No. 22, New Street, Spring Gardens. He is a messenger at the Admiralty—the last witness is my child—the prisoner is quite a stranger to me—I knew nothing about this 3l., till my child told me—I have been asked by my sister Susan to return the money.")
ELIZABETH HUNT . I live in Burlington Mews, and am going on for nine years old. On Friday, 7th May, in the evening, I was in New Burlington Street; I and my little sister had been to get some bread—the prisoner asked
me if my little brother was asleep, and she said that my mother said I was gone after bread, and she said, "Go to Mrs. Rutland's, and ask her to lend your mother 2l. till to-morrow, 4 o'clock"—she said my mother said I was to go, and a gentleman was there with a bill—I went to Mrs. Rutland's, and said, "If you please, mother says will you oblige her by lending her 2l. till to-morrow"—the prisoner said I was to cover it over—I went to Mrs. Rutland's, but did not get the money—Mr. Rutland came home with me—my father gave me two shillings in paper; I went to Saville Row, and went up to the prisoner.
Cross-examined. Q. You were to go and get some money of Mr. Rutland, were you, and you did not get it? A. No—when I came with something wrapped in a paper, I saw a woman walking about, I did not give her what I had—my father came and took her; he was very near me, hiding in a door way; he came out before the woman had time to take the money—this was at night—I will swear the prisoner is the same person, I was with her about a quarter of an hour—I have made mistakes about people—mistaken one little girl for somebody else—I have heard of persons older than I am making mistakes—I will swear the prisoner is the same person—I knew her because she had the same bonnet on; if she had changed her bonnet, I should say she was the same woman, I know her face—I go by her face—she was talking to me; she told me to meet her in Saville Row—I have told correctly what the woman said; I remember it all now.
WILLIAM HUNT . I live at No.4, Burlington Mews, and am a carman. On 7th May, Mr. Rutland came to my house, he spoke to me, and I went out with my child—I put two shillings in paper into her hand; I sent her first, I followed her, and hid myself in a doorway—I saw her standing on the pavement, and all at once I saw a short person, with a white shawl on, come from a passage; the child ran up to her—I ran or walked fast, the woman made two or three steps from the kerb to receive the money, and moved her hand to her; I got up just in time to take the money from the child.
Cross-examined. Q. Do you swear that you saw her move her hand? A. I will—I was hiding in a doorway, with my head just outside—I swear I law her put out her hand—I saw it very plainly.
COURT to JAMES KNOTT. Q. Were you with your wife on 24th April? A. Yes—she was not in my presence all day—she was not out of the house.
COURT to MARY ANN KNOTT. Q. Did you believe that your mother had sent this person to you? A. Yes; it was in consequence of that I went and got the money.
THE COURT considered that there was no case against the prisoner, she not not being charged with obtaining the money from the children.
NOT GUILTY .
( There was another indictment against the prisoner for stealing a pair of earrings, on which no evidence was offered. )
NOT GUILTY .
THIRD COURT.—Wednesday, June 16th, 1858.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. WIRE; Mr. Ald, PHILLIPS; MR. COMMON SERJEANT; and MICHAEL PEENDERGAST, Esq., Q.C.
Before Mr. Common Serjeant and the Seventh Jury.
PLEADED GUILTY .— Confined Twelve Months.
PLEADED GUILTY .— Confined Six Months.
PLEADED GUILTY .— Confined Nine Months.
MESSRS. T. ATKINSON and POLAND conducted the Prosecution.
FRANCES BAGSTER . I am a widow, and keep a general shop, in Carlisle Street, Lambeth. On 28th April, about 9 o'clock in the evening, the prisoner came for half an ounce of tobacco, which came to 1 1/2 d., and gave me a bad half crown—I asked him if he was not ashamed of himself, to bring me such a thing as that; he said, "I did not know it was bad; I took it an hour ago, of Mr. Hearne, at the dust yard, in payment of wages"—I took it to Mr. Tennison, next door, but did not part with it, and he returned with me, and said to the prisoner, "Did you tender this bad half crown?"—he said, "I did not know it was bad"—he went away from the shop some few yards, and Mr. Tennison followed him, and called a policeman—I gave the half crown to the policeman.
SIDNEY BARTLETT , (Policeman, 172 L). I took the prisoner in charge—he said he took the money of a market gardener in Covent Garden—I received the half crown (produced) from Mrs. Bagster—the prisoner was remanded for a week, and this being the only case against him he was discharged.
GEORGE HODGES . I am a cheesemonger, of Broad Way, Westminster. On Thursday, 13th May, the prisoner came to my shop three times, about half past 7, half past 8, and 10 o'clock, for three eggs each time, and tendered half a crown each time—I served him the third time, and put the half crown between my teeth, and said, "You might have been satisfied after giving me one at night and two in the morning; you might have let me alone for a little time; where did you get it?" he said, "I took it"—I said, "Where?" he said, "I do not know" (I had served him the night before, but my wife took the money, a half crown, I believe, but I could not positively swear, and it was put with other money)—I marked the last half crown and gave it to the policeman—this is it (produced)—I took five bad half crowns and eight bad shillings from Monday to Wednesday, and I believe this man gave them all—I gave them all to the policeman.
Prisoner. Q. Did I give you a half crown the second time? A. No, it was a shilling—you told me that you had been in the Crimea, where you had lost your leg.
WILLIAM HAYTER (Policeman, A 263). I took the prisoner, on 13th May; he has a wooden leg on the right side—I received this marked half crown from Hodges—I searched the prisoner in the station, and found a good half crown on him.
WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint This half crown, passed on 28th April, is bad, so is this, the last one uttered; and here are four others, bad and from the same mould—that uttered on 28th April is from a different mould—these shillings are bad, but they are not all from the same mould.
GUILTY . †— Confined Six Months.
MESSRS. T. ATKINSON and POLAND conducted the Prosecution.
prisoner's conviction—(Read: "Central Criminal Court, June, 1856; William Jones, Convicted of unlawfully uttering counterfeit coin; Confined nine months")—I was present—the prisoner is the man; he was also tried here last Sessions and acquitted.
BEATRICE PHILPOT . My husband keeps a stationer's shop, at No 65, King William Street." On Saturday afternoon, 15th May, the prisoner came, about half past 5 o'clock, and asked for 10s. worth of postage stamps and 15s. worth of receipt stamps—I gave them to him, and he gave me a half sovereign, two florins, and a shilling—I looked at the half sovereign, and said, "I fear this is a bad one"—he said that he thought not—I held it up, and requested Mr. Philpot to come forward—he examined it, and said that it was bad—the prisoner said that he took it in the way of trade—I told him I thought it would match two which we had taken before; Mr. Philpot showed them to him and he made no reply—I cannot say that I had seen him before, but I am very familiar with his face—I gave the half sovereign to the constable.
CHRISTOPHER LAYLER PHILPOT . I examined the half sovereign, and told the prisoner that it was bad, and that I had two others which, I thought, would match it—he did not tell me where he got it—I gave him in charge.
Prisoner. Q. Did you not allow me to look at the half sovereign? A. Yes, and you returned it to me again.
WILLIAM CUSHNEY (City policeman, 576). The prisoner was given into my custody—he told me, next morning, going to the Mansion House, that he had won the half sovereign in a steam boat, by betting—I found on him 9s.8d. in good money—he refused his address at the station.
Prisoner's Defence. I said that I became possessed of it on a steam boat; a person there challenged me and three others to ascertain what card he laid on the table; I lost some pounds, and then found that one of the cards was marked on the back; I had laid down a half sovereign, and another person another, when a gentleman tapped me on the shoulder, and said that I was being cheated; the man then pushed this half sovereign back to me; the prosecutor admits giving it back to me, and, had I been guilty, I should have kept it, but, relying on my innocence, I let him have it again, without his asking for it,; I asked for 15s. worth of stamps, which is more than the half sovereign would purchase, and that does not look like a guilty transaction; I call upon the Jury to dismiss all that they have heard relative to a former transaction; but it is absurd to prove a man's conviction here, and then tell the Jury to forget it; I consider that they are only bound to return a verdict, according to the evidence, upon the half sovereign, and not upon anything they have heard of a former transaction.
NOT GUILTY .
MESSRS. T. ATKINSON and POLAND conducted the Prosecution.
ELIZABETH MORRISSON . My mother keeps a millinery warehouse, at No. 182, Upper Street, Islington. On Thursday, 20th May, the prisoner came for a dozen artificial daisies for putting in bonnets—I served her; she gave me a half crown and a farthing; I gave her 2s.2 1/2 d. change, and she left—I laid the half crown on the glass case, my sister took it up, and found it was bad.
Cross-examined by MR. M'DONALD. Q. Have you a cash box in the shop? A. Yes; we keep it under the counter—my sister put the half crown in the cash box, in my presence; it was about half past 6 o'clock in the evening—it
was not mixed with any half crowns in the cash box, but was placed in the bottom part, by itself—before you got to it you would have to take out the lid, where there was other silver—the prisoner was the only customer.
MR. POLAND. Q. Before your sister put it in the cash box, did she wrap it up in paper? A. Yes.
FRANCES PURVIS MORRISSON . I was in the shop, on 20th May, when my sister served the prisoner—I saw the prisoner put down a half crown and a farthing—after she left, I took it up and found it was bad, wrapped it in paper, and put it in the cash box by itself—it remained in the till till Saturday night, when the prisoner came again, but I did not serve her—I took it out of the cash box, and the policeman marked it.
Cross-examined. Q. How soon after the prisoner left did you look at the half crown? A. Directly; I looked out, but could not see her—I do not know that she is married—I do not know whether she had any silver in her hand when she came in—I will not swear that she had not—I do not think she took a purse out when she gave the half crown.
FRANCES JANE WILSON . I was at Mrs. Morrisson's, on 22d May, when the prisoner came in—I served her with some pink daisies; they came to 3 1/2 d.; she gave me a half crown—Mrs. Morrisson made a statement to me, and I gave her the half crown—a constable came without being sent for; he followed the prisoner into the shop—I did not lose sight of the half crown—the prisoner was taken in custody.
Cross-examined. Q. Did you not take the half crown from your hand? A. Yes—this was six or half-past six o'clock in the evening—there were six or eight people in the shop—she had a leather purse in her hand, and took the half crown out of that; I do not know whether there was any more money in it.
HERBERT STAMMERS (Policeman, N 136). On Saturday, 22d May, I was in plain clothes, I saw the prisoner in Upper Street, Islington, about half past six o'clock, about one hundred and fifty yards from Mrs. Morrisson's; having had her in custody before, I followed her, ten or fourteen yards behind her, into the shop, and saw her put down a half crown on the counter; Mrs. Wilson took it up and gave it to Mrs. Morrisson, who brought it to me; this is it—I told the prisoner that she must consider herself in custody for passing a bad half crown, and that I had had her before—she said, "Oh no, you have not; if that is a bad one, I have got one here," producing a purse, in which there was a good half crown—I took her to the station.
Cross-examined. Q. Can you tell me whether she is married? A. I can not—I found that the address she gave was correct—there was nothing in her purse besides the good half crown; I have not got that here; I changed it to pay the cab fare to the Police Station, as she required a cab.
MR. WEBSTER. These half crowns are both counterfeit, and from the same mould.
GUILTY .*— Confined Nine Months.
MR. POLAND conducted the Prosecution.
ANNIE MARTIN . I am barmaid at the Crown, Brick Lane, Bethnal Green, kept by Mr. Bell. On Saturday, 22d May, between 10 and 11 o'clock, I served the prisoner with half a pint of ale, it came to 1d.—he gave me a shilling; I looked at it, and found it was bad—I took it into the parlour and showed it to Mr. Bell, who cut a piece out of it in my presence, and gave it back to me—I went to the prisoner and asked him for the money for the half pint of beer; he said, "You have the shilling"—I said, "It is a bad
one, and you know it;" he took an oath that he did not know it was bad—I took the beer from him, and gave him back the shilling; he left, and my master followed him.
ALFRED HENRY BELL . The last witness brought me a shillings—I cut a piece out of it, and gave it to her back, directing her not to give it to him, but she misunderstood me—I followed the prisoner up Park Lane—he was joined by another man in Church Street, to whom I saw the prisoner hand something, and they went along together; the other man gave the prisoner something in New Inn Yard, and they walked on together to Rayner's beer shop, in Tabernacle Square; the prisoner went in, and the other remained outside—the prisoner afterwards came out and joined the other—I then went in and spoke to the landlady, and then followed the prisoner and the other man to the Red Lion, which was about eight minutes' walk—the other man remained at the comer of Castle Street; the prisoner went in—I went in and made a communication to Charlotte Denny, who was giving the prisoner change, a constable came by, and he was given into custody—that was not the first time he had tendered bad coin in my house.
CATHERINE RAYNER . My husband keeps the Loyal United Friends' beer shop, Tabernacle Square. On 12th May, the prisoner came, and I served him with half a pint of beer—he gave me a bad shilling; he said that he did not know that it was bad—it had not got a piece out of it—I returned it to him, and he said that he had only a halfpenny, and could not pay for the beer; he left, and Bell came in directly and spoke to me.
CHARLOTTE DENNY . I serve at the Red Lion, in the City Road. On 22d May, between 10 and 11 o'clock, I served the prisoner with half a pint of beer, which came to a 1d.—he gave me a shilling, which I put into the till, and noticed first; there were only two bright shillings there—I gave him 11d. change—Mr. Bell came in and said something to me—I looked at the till again, and there were 3s. there, two bright ones and one old one; I took out the old one, and am able to say that that is the one the prisoner gave me—I examined it, and found it was bad—I told the prisoner so, and asked him for the change back—a constable was sent for, and the prisoner was given into custody—this (produced) is the shilling—I made this bend in it, and there is a mark on the back.
Prisoner. You pulled a shilling out of the till, and produced that, and took another one. Witness. No; I bit it before I put it in the till, but did not find out that it was bad, as it made no marks on it.
Prisoner's Defence. I received this shilling in St. Katharine's Docts, of two sailors, for carrying a box for them.
GUILTY .— Confined Nine Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
MARIA BAIL . My husband keeps a public house at Wroxeth, near Harrow. On Friday morning, 28th March, about half-past 9 or 10 o'clock, Allum came and I served him with a glass of ale; he gave me a half crown, from a little purse in his pocket—I gave him 2s.4 1/2 d. change, and he left—I put the half crown in my pocket, where I had only three sixpences,
and in less than ten minutes I looked at it, and found it was bad—I gave it to a policeman next day, who marked it in my presence.
Cross-examined by MR. HORRY. Q. I believe a policeman came to you? A. Yes, but I had discovered that it was bad before that—I afterwards saw the prisoners in custody at Edgeware Police Court—Allum acknowledged giving it to me, but said he did not know it was bad—I have known the younger prisoner from a little boy; he has always borne a good character, as far as I know; he lives with his father.
RICHARD PAYNE HUTCHINS . I live at the Castle, at Harrow, kept by Mrs. Smith. On 28th May, I saw the prisoners there, and there was a man named Delaney in the tap room; they had something to drink; I do not know who paid for it, but Delaney brought me the money to the bar—Allum paid me with coppers for some ginger beer, which I took to him—they afterwards came to the bar, and asked for a half quartern more gin; I served it, and Watkins paid for it with 2 1/2 d. in coppers, before any other money was offered, but there was a second order—Delaney and Watkins drank it; Allum was standing in the passage when it was served—Watkins ordered another half quartern, and Delaney paid for it with a counterfeit shilling—Allum was there, either in the passage or not far off; he may have been as far away as that desk—I told Delaney the shilling was bad; he said, "Well, I was not aware it was bad; you know that well, Mr. Hutchins, or else I should not have given it to you"—I knew him as a carrier coming with the carts; he said, "Give it to me back"—I said, "No, or you might try it on with somebody else"—Watkins said, "Do not make a fuss about; I will pay for it," and he paid me 2 1/2 d.—I marked it with my knife, put it on the shelf, and gave it to Mrs. Smith afterwards, who gave it to the constable.
Cross-examined. Q. After you had detained the shilling, did they keep there drinking the gin? A. Yes—they had a pot of beer, two half-quarterns of gin, and a bottle of ginger-beer—they were in the house about an hour and a half—they were there about ten minutes after I spoke about the shilling—I believe Delaney is a native there—he has been there ever since I have been there; he said, "Give it me back, I know where I took it from;" but I would not; he said that in Watkins' Presence.
JOHN DELANEY . I am a labourer, of Harrow. I know the prisoners—on 28th May, I went with them from the Crown public house to the Castle—I have known Watkins several years—he has lived in the neighbourhood—his real name is John Allum—he asked me to get a pot of beer, and gave me some coppers to pay for it—Allum afterwards gave me a shilling to pay for half a quartern of gin—I gave it to Mr. Hutchins, who said that it was bad, and put it on the shelf—Watkins was there at the time.
Cross-examined. Q. Was this in front of the bar? A. You—Allum gave me the shilling outside the Castle, agin the door—it was about 12 o'clock at night—I know where the prisoners went to sleep that night, it was in a hay loft; I fetched the police there—I was twenty minutes in the same house with them, but not exactly in their company—I had not met Watkins before—I do not recollect having a game of skittles with them—there is a skittle ground at the Crown, but neither of them were there—they were not playing at skittles with any of my friends—I have been in gaol for stealing a truss of hay; I got three months—it is three or four years ago.
MR. CLERK. Q. Had you been in Harrow all this day? A. Yes—I met the prisoners at the Crown—they were not in the skittle ground; they were in the tap room—we both went into the Castle—it was between 1 and 2 o'clock in the morning when I called the police.
MARGARET SMITH . I keep the Castle, at Harrow—Hutchins assists me in serving—I saw the prisoners there on the night of 28th May—I left the bar, and shortly afterwards heard a conversation between Hutching and Delaney—Watkins was standing in front of the bar, and Allum was on the steps, I think; he was not inside—Hutchins showed me a shilling, and marked it with his knife; I afterwards gave it to Wissenden.
ROBERT WISSENDEN (Policeman, T 198). On 29th May, about a quarter past 2 o'clock in the night, I received this shilling from Mrs. Smith—I marked it in her presence—from information I received from Delaney, I went to a hay loft on the opposite side of the way, and found the prisoners there asleep and stripped—I awoke Allum, and asked him where his clothes were—he said that they were under his head—I found 11 1/2 d. in copper in his trousers pocket, and in his right hand pocket a purse containing six shillings, eighteen sixpences, two 4d. pieces, and three 3d. pieces, all good—I detained him while the sergeant searched the other prisoner—he wanted to know what it was for, and we said that we heard he had been passing bad money.
Cross-examined. Q. Did you go round to inquire if bad money had been taken by anybody else? A. Yes, and found that it had, at two or three places.
THOMAS COOPER (Police sergeant, T 6). I went with Wissenden to the loft, and found the prisoners; I searched Watkins, and found two shillings and three farthings in copper in his coat, eighteen good sixpences in his trousers, two 4d. pieces, one 3d. piece, and a bad shilling—he said he did not know how it came there—I marked it, and took him in custody—there is a person named Simmonds in the neighbourhood of the Court, but he is intoxicated, and not in a state to be examined.
SAMUEL WILSON . On Friday morning, 28th May, I was at work at the gas works, and saw the prisoners between 11 and 12 o'clock sitting down having some beer—in the afternoon I saw them again at Mr. Simmonds' beer shop, at Northolt, at the further end of the village—Mr. Simmonds told the elder prisoner he had given him a bad shilling—he said that he was not aware of it, and I saw him give another piece of money to Simmonds, who said that if the policeman was there he would have them looked up—the landlord returned the shilling to Watkins, as he calls himself—his name is Joseph Allum—I am not aware that he lives at Harrow now—I have not seen him for five or six years—the younger one lives at the Black Horse, at Sudbury—I know their father—I am not aware of any difference in the family for which Watkins has left the neighbourhood.
NOT GUILTY .
MESSRS. CLERK and POLAND conducted the Prosecution.
JANE SIMMONDS . I live with my father, the landlord of the Newland Arms, Addison Road, Kensington. On Thursday, 27th May, I saw the prisoner there, between 5 and 6 o'clock in the evening—he eame for a pint of beer, and gave me a half crown—I bent it in the detector, and said, "This is a bad half crown"—he said, "Is it?"—I returned it to him, and he gave me three halfpence.
Prisoner. I deny being in your house at that time of day.
On 27th May, the prisoner came and called for a pint of beer, which came to 2d.—he drank it, and then laid down 1 1/2 d.—I said that was not enough, and he pulled out a half crown—I had not sufficient change, and passed it to my husband, who went out with it.
HENRY MARSH . I saw the prisoner in my beer shop—I bent the half crown, found it to be bad, and went for a policeman—the prisoner said, "Where is the change of my half crown"—I said, "It is a bad one," and gave him into custody—it was not bent when I received it.
CHARLES LAURENCE (Policeman, T. 125). The prisoner was given into my custody at Mr. Marsh's—I searched him at the station, and found on him three halfpence, a knife, and a tobacco box—he gave his address, 11, Gray's Inn Lane—I went there, but could hear nothing of him.
Prisoner. I have got parties to prove that you never went there; what I said was, Gray's Inn, not Gray's Inn Lane.
The prisoner's statement before the Magistrate was here ready as follows:—; "I told the constable I lived at Twentyman's Buildings, Gray's Inn Lane."
Prisoner's Defence. I received the half crown, and did not know it was bad; I regret that my witness is not here.
GUILTY .— Confined Four Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
SUSANNAH DANIELS . I am a widow, and keep a greengrocer's shop in Bull's Head Passage, Gracechurch Street. I remember the prisoner coming there—I served her with 1lb. of new potatoes; they came to 6d.—she gave me a half crown; I gave her the change, and she left—I put the half crown in the till; there were other half crowns there—a few minutes after she was gone, I found that it was bad—on Thursday, 20th May, she came again, and I served her with 1lb. of new potatoes, which came to 3d.—she gave me a half crown, which I put in my desk, and gave her the change—there was no other half crown there—I took it out about five minutes afterwards, and found that it was bad—I put it in my desk, and kept it apart from any other money—on 2d June, between 10 and 11 o'clock in the morning, she came again for 1lb. of new potatoes and a bottle of ginger beer, which came to 5d.—she gave me a half crown—I knew her again, bent it in the detector, and showed it to Mr. Carr, my opposite neighbour; I did not part with it—I came back, and told the prisoner it was bad; she said that she had taken it for her work, and gave me a good one—I went out, apparently to get change, but fetched a constable, and gave her in charge, with the half crown and the other I received on 20th May.
Cross-examined by Mr. PHILIPPS. Q. How long were you absent when you went to your neighbour? A. Not a minute; the prisoner could see where I went to—I found her in the shop when I returned—this is part of Leadenhall Market; there are a great many customers there; I had takes very little money in half crowns before she came, not 20s.—on 20th May, there was in the till about six sixpences and some 4d. pieces, but no half crowns—when asparagus is a half crown a bundle, I might take fifty half crowns; I cannot say whether I had sold any that morning—I paid particular attention to the prisoner on the first occasion—she appeared like cook, and I thought I had got a new family to serve, I have a large family to keep.
2d June, and Mrs. Daniels gave me this half crown (produced) and the other I received the same morning—she was searched at the station by the female searcher, who afterwards gave me a half sovereign, a half crown, 6d., a duplicate and a porte monnaie—the half crown was changed for her refreshment—she gave her address, 50 St. Clement's Lane—I went there, and it was correct.
Cross-examined. Q. Did she state where she had got it? A. No; she made no remark to me.
NOT GUILTY .
OLD COURT.—Thursday, June 17th, 1858.
PRESENT—Mr. Baron BRAMWELL; Mr. Ald. WIRE; Mr. Ald. MECHI;and MICHAEL PRENDERGAST, Esq.
Before Mr. Baron Bramwell and the Fourth Jury.
659. HENRY WHETSTONE (19), SAMUEL BENJAMIN (52), THOMAS DE PUZEY (22), GEORGE CHERRY (25), THOMAS PARTRIDGE (28), and MARGARET PICKETT (18), were indicted for stealing, on 13th April, 16 salt cellars, value 125l., and other goods, value 2,873l., of Thomas Henry Baron Foley, in his dwelling house.—2d COUNT, Feloniously receiving the same.
MESSRS. BODKIN, GIFFABD, and POLAND, conducted the Prosecution.
HENRY BAKER . I am butler to Lord Foley. His Christian names are Thomas Henry—he lives at No. 26, Grosvenor Square—I have been nine years in his lordship's service—the prisoner Whetstone was in his service, as steward's room boy—the plate was kept in a strong closet, in the pantry, under the charge of Tomkins, the under butler—the plate closet had an old lock to it, not a patent lock, and there was three keys; one was kept by his lordship, one by me, and one by the under butler—when his lordship left town, on 27th March, the under butler asked leave to go into the country, on his own business, and I gave my key to him to seal up, in a paper parcel, to deliver to me, which was done, and I locked up that paper parcel, sealed with his seal, in my desk—that parcel contained his key and mine—I afterwards saw that parcel opened by our under butler, in my room, and the two keys were then in it—the seal was unbroken, until the under butler opened it—the family left town on 27th March; at that time I had in my possession the sealed parcel—Whetstone had received notice to leave on 24th March, for his general bad conduct—the male servants then left in town, were, her ladyship's footman, James Suthers, William Cork, the hall porter, and Colonel Foley's servant, Henry Burbidge—the family left on 14th April, and it was between 9 and 10 o'clock that morning that the sealed parcel was opened, as I have described—shortly after it bad been opened, Tomkins came back from the strong room, and made a communication to me, in consequence of which, I went into the plate room, and found a considerable quantity of property gone, about 4,500 ounces in weight—amongst it was a silver gilt dessert service, and two glass claret jugs, silver gilt mounted—there were, also, some tops, belonging to some scent bottles, of Colonel St. George Foley's dressing case; they had been in the strong closet—when the femily were at home, Whetstone slept in the pantry; that is a room out of which the strong room opens—Tomkins, the under butler, also slept in that room, when he was
in town, and when he was out of town, it was James Suthers' place to sleep there—the house is in the parish of St. George, Hanover Square—(MR. SLEIGH requested the COURT to lay down some rule, as to the order in which Counsel were to cross-examine and address the Jury, as some uncertainly appeared to prevail whether it was to be by seniority, or as representing the prisoners according to the order in which they stood on the record. MR. BARON BRAMWELL was not aware that any settled general rule existed on the subject, and, in the absence of a better, the last, that as to seniority, might be followed. MR. PHILIPPS, the senior counsel in the case, did not ask any question of this witness.)
Cross-examined by MR. SLEIGH (with Mr. M'DONALD for Whetstone). Q. At this time, was the house under repair? A. It was being painted outside; there were workmen there—the area gate was open for the accommodation of the workmen; I know that, I was in town—the workmen that were there were principally of the same trade; perhaps there were from eleven to fourteen there—Whetstone was recommended to us by the butler at Mr. Sidney Herbert's—I received a character from him.
Cross-examined by MR. LEWIS (with MR. MOUTAGUE CHAMBERS for Benjamin). Q. How many tops were there to the dressing case of Colonel Foley? A. I do not know—there were more than two.
JOHN TOMKINS . I am under butler to Lord Foley, and have been so fourteen years—I had the immediate charge of the plate—I had one key of the plate chest, and Baker the other—the principal part of the plate was in me on 20th March—on 27th, when the family went out of town, it was all safe in the plate closet—I locked up the closet myself—I obtained the key of the closet from Baker, and sealed my key and his in a paper packet, and gave it to Slithers, the footman, to give to Baker—I left town on 28th March, and returned on 13th April—I then received from Baker the paper coutaining the two keys—it was quite right—I opened it before him, in his room, as soon as he gave it to me—I gave him one key, and took the other myself, and with it, on that same morning, I opened the plate closet—I found it all in confusion, and a large quantity of the plate gone; some silver gilt claret jugs, some tops of bottles, belonging to Colonel St. George Foley's dressing case, and, other things; I missed, also, a green baize cover, which was covered over the things—Whetstone used to sleep in the pantry, with me, when I was in town, in a different bed, but in the same room—I generally used to hang up the key of the plate closet by the side of my bed, which is close to the plate closet door—it could not be Been by anybody coming into the room; nobody could see it unless they knew where it was put—it was on the evening of 13th April that I returned to town—I went out that evening, about half past 7 o'clock, or from that to 8 o'clock—the charwoman was then in the passage, cleaning it—there were no men servants down stairs then.
Cross-examined by MR. METCALFE (for De Puzey and Pickett). Q. You looked over the plate; had Baker anything to do with it at all? A. He used to look over it twice a year—it was only looked over by myself when we went out of town this time—the proper time of looking over the plate is when we go out of town, at the end of the season, and when we come back again—that was in January last, I think—Baker had nothing to do with it at any other time—I do not know the meaning of his keeping a key—I believe the key was made before my time, on account of one being lost—no plate was sent to the bankers on this occasion.
Cross-examined by MR. SLEIGH. Q. Could the workmen who were employed get into the house through the stables at the rear? A. I believe
not—I cannot say whether they could or not—there is a door leading from the stables to the house.
Cross-examined by MR. LEWIS. Q. How many of the tops were missing from Colonel Foley's dressing case? A. I do not recollect; I should think there were seven—there was one left.
MR. GIFFARD. Q. Is there a mews behind the house? A. Yes; there is a very small yard at the back, which is all covered in with glass, where we wash the horses—there is a garden between the house and the kitchen—it is not necessary to go through the kitchen in order to get from the mews to the plate closet—you must go through some part of the house.
COURT. Q. When you leave the stable, what do you come into? A. Into a passage that leads-into a little garden; from there you must either come through the dining room, or through his lordship's room—when you get out of the dining room, supposing you are going to the plate closet, you would go down the back staircase, and there is another way that leads past the kitchen door—Whetstone had been in Lord Foley's employment about nine or ten months.
ALICE BROOKS . I am the wife of William Henry Brooks, a coachman in the service of a gentleman in Grosvenor Square. On 3d April, about half past 9 or twenty minutes to 10 o'clock in the evening, I was passing through Grosvenor Square, and saw two men standing at the area gate of Lord Foley's house, one was talking quite loud, and the other was not; they were in the street, with their backs quite close to the gate; they were looking in the direction in which I was coming—I could not see the other one answer; I looked then to see who it was that he was talking to, and there was a man down the area steps answering him—I know one of them, they told me his name was Cherry; he is the fourth prisoner, the other I have not seen—I believe Whetstone to be the man who was in the area, I could not see that he had any hat or cap on—he was about four steps down; it turns round a little, and it was in the bend.
Cross-examined by MR. METCALFE. Q. You said something about another man whom you have not seen? A. There was one man shorter than Cherry, I have not seen him since.
Cross-examined by MR. SLEIGH. Q. Were you on visiting terms with any of the servants at Lord Foley's? A. No; I never spoke to any of them in my life—my attention was called to this matter, I think, about a fortnight afterwards; I will not be certain exactly; it may have been a day or two more—I was going to market to Oxford Street; I always pass his lordship's house to go there—it was dark, but there was a lamp right opposite there—when my attention was called to the matter it was by the police—I went to the station, and saw all the men—one of the police constables called at my master's, and wanted me to go to the station to see if I knew any of them; he did not tell me then that he had taken, among others, one of Lord Foley's servants—he told me he wanted me to go the police station; I said, "Must I come;" he said, "Yes, you must; I want you to see the persons, to see if you know any of them"—he took me down stairs, and brought them out of the cell; I looked at them all, and when I went up stairs, he said, "Do you think you know any of them?"—I said, "Yes," and it was then I told him the one I thought I was positive was the man—he asked if I knew the young man; I said, "I believe it was the man on the steps," and then he said it was his lordship's steward's room boy—I had not read about this robbery in the paper before the police came to me, because it was on the Friday as I spoke to my husband on the Sunday morning about it—it was on the following
Friday my husband told our butler that I had seen some men outside, and it was then he said that his wife had seen some, and requested the police to come to me—I had not been talking about the matter and comparing notes; I never conversed with any one about it, only my husband—I did not take notice what the men were saying; I thought they were gentlemen's servants talking to the other—I did not walk on as fast as I could, because, seeing them stand with their backs to the area gate, I thought it was remarkable, and turned my head, and one of them smiled at me, and that made me notice them.
COURT. Q. Why, was there something remarkable? A. I thought so by their standing with their backs to the area gate, instead of being with their faces round to the gate—I was not above two yards from the gate; it was just as I got by the doorway—I walked gently past them; I did not pay attention to the conversation, or I might have heard what was said—when I got a very few steps, I turned round and looked again—I could have heard what the conversation was, if I had stopped—I could have touched them, I was so near.
MR. GIFFARD. Q. You say that one of the men you saw was a shorter man? A. Yes, I have not seen him since; he was the height of Partridge, but I cannot say he is the man; I should not like to say so—I did not take notice—I cannot say that he is or is not the man.
Cross-examined by MR. RIBTON (for Cherry). Q. There was nothing in it, I suppose, particularly to attract your attention? A. Yes, there was; the men having their backs to the gate, and their faces to me—I was walking very leisurely—I made a stop when I got about a yard past; I turned round and looked a second time.
COURT. Q. I think you say that of the two men you saw one was speaking and the other was not? A. I did not hear the other one, and I could not see that he was speaking—they were looking the way I was coming, and one was looking as if he was talking to the other, but he was not; he was talking to some one down the area; I heard a voice; they were talking not quite so loud as I am speaking now; they were talking to the man in the area, but when I got to them they were quiet a minute, and then they were talking again the minute I passed, and I turned and looked; the man smiled at me, and then I walked on.
LOUISA ANN BARGE . I am lady's maid in Lord Foley's establishment. I remember, when the family went out of town, going to the steward's room for some sherry; I cannot say exactly the day, but it would be either Monday, 29th March, Tuesday, Wednesday, or Thursday, 1st April, I cannot say which—the steward's room is the nearest to the area door; the pantry is opposite the back stairs; the door of it is on the same side of the passage as the steward's room, and a little further off—as I came from the steward's room, Puzey passed me when I was at the door towards the area—at this time repairs were going on in the house, but it was the workmen's dinner hour—I had seen several workmen in the house in the course of the morning—in oming from the pantry towards the area, you pass by the steward's room door (A plan was litre produced)—at this time all the servants were at dinner—when Puzey passed me, I saw Whetstone standing at the pantry door—Puzey went out at the area door; I saw him open it and go out—I saw Puzey again in the house about Monday, 5th, or Tuesday, 6th April; he was then in the same passage, between the pantry and the steward's room—he had a parcel under his left arm; the outside of it was black glazed calico; it was about the size of six small silver dishes, if they were made in a parcel; I saw him go out of the area with it—Whetstone was at that time standing
at the pantry door; he saw me pass the man, and he went into the pantry, and pushed the door to—on Wednesday evening, 7th April, between 8 and 9 o'clock, I was going up stairs, and saw Cherry and Whetstone coming down stairs; they passed me on the stairs—I speak quite positively to Cherry, because there was a gas light just where he stopped to make way for me to pass; these were the stairs which lead from the entrance hall—if anybody had come in at the main entrance, they would come down those stairs—the back stairs lead to the servants' offices, to the passage—the pantry is opposite the back stairs.
Cross-examined by Mr. PHILLIPPS (for Partridge). Q. Did you see Puzey in custody at the station? A. Yes; I did not state at the first moment that he was the man—I wished to see him again—the inspector did not then say to him "Good morning, Tom," I am quite sure of that; at least I did not hear him—the servants are not frequently in the habit of seeing visitors; they do occasionally—I do not know whether about this time there were many parties who came to see the servants; I remember who was in the house during the absence of Lord Foley—there were repairs going on in the house and outside, to a considerable extent, at that time—a great many workmen were employed.
Cross-examined by Mr. SLEIGH. Q. How was the area gate during these repairs, wag it kept locked? A. Not all day, because the work people had to go up and down—the outside repairs being done were to the front of the house—I should think the bricks and mortar and punters' things were brought down the area steps—I do not know that they came and went to that part of the house through the stables at all—I believe there is a communication from the basement of the house out into the yard, and through the stables into the mews—I do not know whether two doors open into the house from the stable yard, for I have never been in that part of the house—there is a door I believe leading into the passage from the back—I have frequently seen Whetstone at the pantry door; as a servant, that was the place he was particularly at—I do not know that the area gate, as a rule, was always looked at 5 o'clock in the afternoon—I should think that was the time it ought to be locked.
Cross-examined by MR. RIBTON. Q. When did you see Cherry afterwards? A. After I seen him on the stairs I saw him in prison, I think that would be 11th or 12th May, three or four weeks afterwards—I went with Mr. Baker, the butler, to the prison, and we met Thornton the inspector there—he did not tell me that he had got the men in custody—I knew that there were men in custody—I was not going to the prison for the purpose of identifying them; I expressed a wish to go to the prison because it suddenly occurred to me that I never remembered seeing the man that I thought was one of the work people in any part of the house employed, and I felt I should like to see these men that were in custody, to see if I could recognize the man that I had seen in the house—I did not pass Cherry several times before I said anything about him; the moment I saw him I said, "That is the man that I saw on the the stairs"—he was not alone, two turnkeys went round—except the officers of the prison, I believe he was alone—Inspector Thornton was not with me, he was before me some distance—I saw several prisoners before I saw Cherry; he was the first I recognized—I had never seen any of the others before—Cherry was not alone with the officers of the prison, the door was opened as I passed the cell—the officers were not inside the cell, the door was opened, and I saw the man—no one was there with him except the officers—Thornton said nothing to me about him, I am quite sure of that—when I identified him as the person, I do not think he was dressed as he is now; I think he was
without a coat, but it was his face I looked at—the same observation applies to when I saw him at Lord Foley's house—he is the man I met on the stairs, he wore dark clothes then—I was going up the stairs and he was coming down—it did not take a minute, he just stood aside and I passed him—I had never seen him before—there was a great deal of whitewash on. the stairs and dirt in the passage, I had my dress raised to escape it, and the man smiled just when I met him, and I thought that was why he smiled—I was going up quite quietly.
MR. GIFFARD. Q. There was only painting and whitewashing going on I believe? A. Yes—I saw several others employed besides; there were upholsterers in the place—the painters and whitewashes were in the servants' offices, but the upholsterers were upstairs—the man I met in the passage, who I had not seen in any part of the house, was Puzey; I saw him in the passage twice—the first time, he passed me at the steward's room door—Puzey is the man who I thought was a workman at the time I met him—I had not seen him among the other workmen at all; it was in consequence of that that I expressed a wish to go to the prison and see if I could recognize him.
COURT. Q. Did you see Puzey in the prison? A. Yes; and identified him there—I recognized Cherry at first; I saw him the first—the first prisoners I had seen were before I arrived at the cell where Cherry was—they opened a variety of doors, and I identified Cherry, although I did not go there to look for him, as the man I met on the stairs.
MR. SLEIGH. Q. Was the pantry open during the whole time of the repairs? A. Not during the whole time—I believe it was open daring the time the whitewashes were there—I saw it was whitewashed.
JAMES DUBERRY . I am a cab driver. About the beginning of April I was going to a stand at Winchester Row, and when I was waiting to get on the Tank, three men and a woman came to me—Winchester Bow is at the corner of the Marylebone Road—I know two of them, Pickett and Pazey—I heard the men call out "Tom, here is a cab, let us have this one"—I do not know which one it was, I did not take particular notice—they ordered me to North Audley Street, and I drove them all four there, except one, who I dropped at this end of Oxford Street and North Audley Street—I cannot tell who that was; it was not Puzey, he did not get out—I then drove the rest of them to North Audley Street.
Cross-examined by MR. METCALFE.—Q. When was it? A. I cannot say exactly—we do not take notice when persons get into our cabs.
MR. GIFFARD. Q. About how long ago was it? A. About a month from when I first went to Marlborough Street, as near as I can say.
ELIZABETH SANDERSON . My husband is butler to a gentleman in Park Street, and I live by Grosvenor Square. On 9th April, between 8 and 9 o'clock in the evening, I was passing Lord Foley's house, and saw two men outside the area gate, they were Cherry and Puzey, to the best of my belief, and a third man inside on the steps, who I supposed to be the servant of the house—I believe him to be Whetstone—I recognize him—I passed along on the pavement, on the side of the way going to Park Street.
Cross-examined by MR. SLEIGH.—Q. Were you on visiting terms with any of Lord Foley's servants? A. No, they were all strangers to me—I was not going home, I was merely passing by and going to my husband in Park Street—I first heard of the robbery when my husband named it—he did not mention the names of the persons who were suspected—he mentioned that it was at Lord Foley's—that was some days after, I cannot say exactly how long—I was taken to Vine Street station by a policeman, about a week after—he
had previously come to my master's house and asked me what I knew about this matter, what I had seen, and I told him I had seen three men outside and one inside—he did not tell me that one of the servant men had been taken on suspicion; he did not name it at any time—when I was taken to Vine Street station I recognized the men, to the best of my belief, the two that were outside, and the one that was inside—I of course went to the station to see if I knew them—the policeman told me that he was taking me to the station to see the prisoners—he did not tell me how many they had in custody—he did not tell me that some or one of Lord Foley's servants had been taken—he did not tell me he wanted me to go to the station for the purpose of seeing whether one of the prisoners was not Lord Foley's servant, whom I had seen in the area—I cannot remember the name of the officer.
Cross-examined by MR. RIBTON.—Q. You saw Cherry, I suppose, at the same time? A. Yes, I saw the three—Cherry and Puzey were the two men that I saw on the pavement, to the best of my belief—when I saw Cherry first I did not say anything—I was looking at him some considerable time—I was not some time before I was able to say that he was the man; I was not any time—his hat was taken off and put on again, and then his coat taken off and put on again—that was not before I was able to say that he was the man—he was not dressed and re-dressed in all imaginable ways before I was able to say that he was the man—his hat was taken off and put on again, and also his coat; I was able then to say that he was the man—I do not think a cap was put upon him; I am not quite sure—this was of course all done to give me a better idea—I do not know who the person was that did it—he said nothing to me while he was doing it—no one said why all this was done, nor did I; I am quite sure of that—Cherry was not alone, all the three prisoners were together—the dressing and undressing lasted a very short time—I had not read in the newspapers of the robbery at Lord Foley's.
COURT. Q. I suppose you had heard something of the matter, and you had mentioned that you had seen somebody at Lord Foley's door? A. My husband named it to me, and I named that as I was passing I saw them at the gate; never seeing Lord Foley's gate open at that time of night drew my attention—my husband named it, and then the policemen came; I said what I knew about it—the policemen came, and said, "We have got somebody in custody on suspicion, come and see if you know any of them"—I did not express any opinion whether Cherry was the man or not, before anything was done to alter his dress or appearance—I did not identify him till they had done these things to him—I had not recognised any of them before that—they took Puzey's coat and hat off too, and then I recognised him—when I first saw them, I said, "I do not know any of these men," but when they took their hats off I did—they took off the hats of all three, Whet-stone, Cherry, and Puzey; I only saw those three—I knew that they were all on suspicion of Lord Foley's robbery—I did not recognize them at the first sight going in; I did not take much particular notice, of course going a second time I took more particular notice—I was not there when they pulled off their coats—I did not go twice to Vine Street; it was all in one morning—when they pulled their coats off I left the room, and afterwards saw them without their coats—I took more notice of their figures without their coats—I was at first not sure as to them, and afterwards, on thinking it over and looking at them again, I was—I noticed them at Lord Foley's gate because they were talking to the servant as I passed, on the steps, and the late hour the gate being opened; I had never seen it open between 8 and 9 o'clock.
10 o'clock at night, I was crossing Grosvenor Square and was hailed by two men and a woman; Puzey was one of the men and Pickett was the woman—they were standing by the enclosure railings of the square, near a house, which I have since ascertained is Lord Foley's—I pulled, up, and they put some parcels in which they had at their feet; I cannot tell which of them had the parcels, the parcels were on the pavement at the time—Puzey put a parcel in first, I did not take particular notice of it, it was about the size of my hat; I do not know whether it was round, I did not take particular notice; it was covered over with some loose sort of article—I was going to get down to assist in putting the parcels in, and Puzey requested me not to get down—Pickett got into the cab, Puzey then put in the other parcel and got in himself—the parcels appeared heavy—they told me to drive to Goswell Street Road and make haste, and they would give me 6d. more than my fare—when I got into Hanover Square, they requested me again to make haste, offering me 1s. and something to drink if I would go faster—when I got into Theobald's Road, they requested me again to go faster—we ultimately got to a public house in Goswell Road, and they ordered me to drive to a public house opposite; I do not know the name of it—then Pickett and the short man got out, and Puzey last—he ordered Pickett and the short man to go in and get me something to drink; he waited outside—we went and had something, and as we were having it, I looked through the door and saw Puzey taking the largest parcel of the two out of the cab—it appeared heavy because he was like cuddling it, in a manner of speaking; he could not get it out with one hand—I went out then and shut the door after him, and he went down the street towards the City Road with the parcel—I stayed there about eleven minutes, when Puzey returned, and Pickett and the short man then came out of the public house, and Puzey took a parcel out then—when the other parcel was being taken out, the woman said, "Mind how you take it out, if the glass should break"—that was all she said—Puzey then told me to drive to the Ashby Castle, and wait till he came; that is close to Northampton Square—I did so with Pickett and the short man, and waited at Northampton Square about eighteen minutes—Puzey then came back, and asked me what my fare was—I told him I would leave it to him; so he gave me 4s.; that was more than my fare, as he had promised me—there was some conversation among them ultimately about sleeping at some one's house, but I do not remember what female's name they said—they all three went away together—it was about a quarter to 11 o'clock when I left them, as near as I can judge—I should say it would take about twenty minutes to drive back to the neighbourhood of Grosvenor Square, at the pace they went at first.
Cross-examined by MR. PHILIPPS. Q. How many times did you go to look at the prisoners? A. Once; I was there about three minutes, at the outside—I saw them in Marlborough Street police station.
Cross-examined by MR. METCALFE. Q. Were Puzey and Pickett pointed out to you by the officers. A. No; they came out of the cells—I was at the Police Court; three men were brought out to me, and I pointed out the tallest one of the three—I did not know at the time that they were charged with this robbery, I do now—I was taken there on purpose to see the persons I had taken in the cab; I knew they were charged with the robbery at Lord Foley's—it was, I believe, the following week after I had taken these persons in the cab—I am not certain that it was not three weeks afterwards; I did not take that particular notice—I am quite certain as to the day I drove them, because I had been and bought a horse that night—that was not the horse I was driving in the cab that night—I had left that behind at
Brompton—it is not unfrequently that I am asked by a person to drive fast, and it is not unusual that they pay me a little extra for it.
HENRY MILLER . I live at No. 15, Queen's Road, and am a railway clerk. On 9th April, I went to the theatre, and returned home across Grosvenor Square, between 12 and 1 o'clock on the morning of the 10th—I saw two men just outside Lord Foley's area paling, or gate; they were De Puzey and Partridge, and Whetstone was inside, just down what I took to be the doorway, but it is an archway under the steps—Partridge had a bag, or sack, and Puzey had a short bag, about a foot and a half long—Partridge asked me to give him a lift up—I caught hold of the corner of it, and helped him up with it—it was round his neck at that time; it was heavy, and very cumbersome, I should think—when I lifted it up, I heard something inside which sounded like metal—I said, "You have been at work late to-night;" he said, "Yes, we have been setting," or, "repairing, a grate, as the family are expected home soon;" I said, "Good night," and they said, "Good night" to me, and likewise to the one down below, who I took to be the servant—I went on, and do not know what became of them after—I have no doubt as to the two men.
Cross-examined by MR. PHILIPPS. Q. What sort of a morning was it? A. Fine, I believe—there is a lamp just opposite the doorway, not across the street, but just on the pavement—I was walking fast—I was first examined about this on 26th April; I believe Monday was the first time that I attended Marlborough Street—I am in no employment at present—the last lime I was in employment was in Sept., when I left the railway—I have an allowance from my father, who comes up every month, settles my rent, 1l.4s., and allows me four guineas a month to go on with—I live at No. 15, Francis Road, Bayswater—I left the railway through the reduction of the staff of clerks—I have been before the police in this matter about a dozen times—the first time was Thursday, 22nd, and the next on 23d—they did not send for me on 23d, I went to make a statement—this was nearly a fortnight afterwards—I recollect when some of the prisoners were taken; I had not seen a statement in the papers about the matter at that time—I saw a bill posted in Upper Brook Street, I believe, on Thursday, 22nd, and it struck me that it might have been the parties that I had helped up with the things, and then I went down towards Vine Street, and asked a policeman on the beat whether he thought it was of any account—I did not think at first that it would be of any account my speaking about it, as I thought they were workmen, and I went from there to Vine Street, with the policeman—I did not expect to get some of this money—I came forward purely on public grounds, the same as I should expect another person to do with me—I swear that the placard offering 300l. reward had no effect on my public grounds—I have not received a farthing for my attendance, and do not expect to—this 1l. a week is quite sufficient for my purposes, of going to the theatre, and other amusements; I am quite content with it—the next time I went was on the 25th, Sunday, I think—on the 23d I saw Superintendent Hatnmant, and made a statement to him—I was told, on the previous night, to call and see him; I saw him on the morning of Friday, the 23d, and went with Inspector Porter, I believe, to No. 26, to see the servants—I described the parties who I had seen, one as a short man with black hair shaved round his face, which showed the black, and his hair brought straight down to the side, the other one as a man about five feet eight or ten inches, with dark clothing, and a mark on his face, and the one down below I described as a tallish man, looking like a servant, and I believe he had on a white neckhandkerchief—on Saturday, the 25th, I saw
De Puzey and Whetstone in custody—I had a note from Superintendent Hammant telling me to come at half-past 9 o'clock on Sunday morning—I had given a description before I saw any one, I did it on the Friday—I believe it was 11th May when I first saw Partridge, I saw him among five or six men at the Vine Street station—I was at the police station three or four times since that, I have not been examined every time, but I have been there—I have not been examined above two or three times; I was made to attend in case I should be wanted—I mean to say that when I was examined I gave the same description before Inspector Hammant that I have told you—I noticed that when Partridge spoke he drew his mouth up, that was a peculiarity he had.
Cross-examined by MR. SLEIGH. Q. Have you always been as positive as you are now about Whetstone being the person whom you saw inside these railings at night? A. I have been positive in my own mind—I have always been positive, though I might not have expressed it in that way; I have not expressed a doubt before I was examined at the Police Court, and was taken to Lord Foley's bouse, and the servants were all drawn up, I believe, in the servant's hall or some room, and I recognized Whetstone among them as the man—Inspector Park was present; I did not tell him while Whetstone was in my presence that I recognized him, but I did afterwards in Lord Foley's house that day, in the passage out of the room I saw the prisoner in; there was only myself and Inspector Park together, and then I told him—I had not seen Puzey then—I did not say to Inspector Park "The young man looks very like the one whom I saw inside the area that night;" I said "To the best of my belief, he is the man, but I would not swear positively to him," simply because I, in my own mind, believed him to be the man; but as he was down in the area 1 could not swear against him; I conscientiously did not think I could, although I believed in my own mind that he was the man.
JEMIMA BEARDMORE . I was employed at Lord Foley's house to assist the servants. On the night before the family came home, on 13th April, I saw Tomkins, the under butler, leave the house about half past 7 o'clock at night—about 8 o'clock, or a little after, Whetstone came down stairs, and went into the pantry once or twice; he went then towards the area door, and I opened the area door—I do not know whether he actually went out; I was fully employed, and did not take any notice.
BENJAMIN CANDLER . I am a cab driver, of No. 16, Hereford Street. On 13th April, between 9 and 10 o'clock in the evening, I was in Brook Street, and two men hailed me—I had a fare inside, who I set down in Grosvenor Square, and then returned to the two men in Brook Street—I should know one of them; it is the one who has the plaster on his face (Puzey); he had a bundle as big as a hat, or a little bigger perhaps; it was covered over with what looked to me like green baize, similar to that on the table—I cannot swear to the other man; he was about the height of Partridge—they got into the cab, and I drove them to the corner of Stafford Street and Mary-le-bonne Road; they got out there; Puzey took the bundle, and went up Stafford Street with it; the other man went the other way—when I stopped, one of them said, "Come round the corner, and I will pay you;" that was into Mary-le-bonne Road again—I was paid my fare, 1s., when I got round the corner, and lost sight of both of them.
Cross-examined by MR. PHILIPPS. Q. Was it a dark night? A. I cannot say exactly; it is some time ago—it was not five or six weeks before I gave information—a constable came to my place a few days after—I was at the police station four times; I was sent for.
HENRY BAKER (re-examined). This is the key of the former door of the plate closet; the one that was there at the time of the robbery; there is a new door to it now—there was no grate repaired in the house.
COURT. Q. Was there any interior security of the plate and chest inside the plate closet? A. Some of the plate was in chests; I cannot say whether it was locked—the under butler had charge of the silver, and whether he had the store chests or not I do not know.
JOHN TOMKINS (re-examined). Some of the plate was in chests, but they were not locked, only the chest which contained the two claret jugs; that has been forced open—the lock of the closet, when I went to it, appeared just in the usual manner.
FREDERICK CORFIELD . I am a locksmith, of Seacoal Lane, Skinner Street. This key produced would readily give an impression in wax or clay in a few minutes, and a duplicate key might be made in five or six hours—it is not a patent lock, but a very good lock of the kind.
WILLIAM JOHN STARK . I am a clerk out of employ, and lived at No. 10, Stafford Street, Mary-le-bonne Road, in April last. I have seen De Puzey there; his sister lived there in April; her name is Mrs. Morland—about 14th or 15th April, it might be earlier or it might be later, a cab drove up to the door or near the door, about half past 9 or from that to 10 o'clock; I heard it come to the door; shortly afterwards the house door opened, and I heard a lumbering noise, as if some heavy weight was placed in the passage—No. 10 is ten houses from the corner, or it may be eleven houses—Mrs. Morland then came down stairs, and said, "Holloa, Tom! is it you? I have been expecting you some time;" that was Tom Puzey—I heard more speaking after that—on the following morning, I was at the kitchen window, and saw a cab at the door; Puzey went to it, and his sister, and another person with a carpet bag and another parcel—at the Police Court, I at first thought the other was Cherry; it was a man with broad shoulders, and I believe him to be the man—the cab drove off with them and the bag and parcel.
CHARLES BARRETT . I keep the Rose and Crown public house. I know Partridge; he slept there, the first time he came, seven or eight days; that was on 5th April—he paid 1s. himself, and De Puzey paid the rest; that was for three nights—when he first came he had a blue alpaca coat, like a reversible one; he was not very well dressed—three or four days after he had been there, he deposited ten sovereigns with me to take care of, and the previous night sixteen sovereigns with my wife—I gave up the sixteen sovereigns to him next morning, and next night he gave me the ten sovereigns—there was an alteration in his clothing before he left—he sent a hat home and a pair of boots, and asked me to give them up to a person who came for them—he had new clothes altogether—he gave me a life preserver on the Tuesday morning when he was taken—I gave it to the policeman.
Cross-examined by MR. PHILIPPS. Q. Did not they appear as if they had been having something to drink the first time they came? A. I should say not; they all appeared sober—there were a great many followers with them—I do not know any of them—Partridge put down 1s. and Puzey 4s.—I said "I do not want so much as that,"—he said we shall spend the rest—I have a great many lodgers—I charge 2d. for half a bed, 4d. for a bed, and 1s. for a separate room; Puzey said, "Oh let him have a room to himself"—I very seldom take care of money for people.
the afternoon, and I served him with a six chamber Colt's revolver, at 3l.10s., a pair of cornelian earrings, which he afterwards brought back, and we allowed him what he paid for them in exchange, and an Albert guard—he paid me 3l.15s., besides the 3l., 10s. for the pistol—no one was with him—next morning he came again, and purchased six signet rings for 5l.—he said he was going to give the things to his friends as presents, as he was going to America, where he held a situation as overseer of a slave estate—I believe he came again on the following day with a female, who he said was his sister—she is not here—he bought for her a pair of jet earrings—I think he came again on the same day, with Cherry I believe, and Margaret Pickett—he purchased a pair of gold earrings and two ladies' rings—I do not recollect the price—I saw his porte monnaie; it was pretty well full of sovereigns—Cherry did not purchase anything—Partridge came again and purchased some articles of clothing.
Cross-examined by MR. RIBTON. Q. Had you ever seen Cherry before? A. Not that I am aware of—he may have been in the shop a quarter of an hour—I saw him afterwards at Marlborough street Police Court—I was told to go there to see if I could recognize him—I had heard that he was in custody—he did not buy anything; I do not recollect his speaking to me.
WILLIAM HOUSE (Policeman). I know Whetstone, Puzey, Cherry, and Pickett—I have seen them all four together several times at Chapel Street, Edgeware Road; the last occasion was on 12th April, outside the Pontefract Castle, at 5 o'clock in the evening—I saw them several times in March.
Cross-examined by MR. RIBTON. Q. On all the occasions you have seen them together has it been at public houses? A. Once or twice; that is a public house in the Edgware Road, which is much frequented.
WILLIAM GIBBS . I am barman at the Pontefract Castle, Chapel Street, Edgeware Road. I know all the prisoners but Benjamin, and have served them at the bar, and have very frequently seen them together there in April.
Cross-examined by MR. RIBTON. Q. Can you say the last time you saw them together? A. No; but it was about a week before I heard of Lord Foley's robbery.
JOHN FITZPATRICK . I am door man to a photographic artist. I know De Puzey, he lived in Mary-le-bonne Road where I was employed—two of his sisters live in that house, and I have often seen him there, and while he has been there I have seen Cherry come several times, and Whetstone has been very often indeed—I have seen Pickett there, she went by the name of Maggy sometimes—Whetstone used to come between 11 and 12 o'clock in the morning, that was about a fortnight before their apprehension—I have seen Whetstone and Puzey go out together very often; I have never seen anything taken out by them, but I have by Puzey and another man—I have seen a man come in, walk up and down the Mary-le-bonne Road, and Puzey used to go out and meet him, and take a carpet bag with something heavy, but not full, and they used to walk out together followed by another man, and in the evening De Puzey used to bring the carpet bag doubled empty under his arm; I have seen that three or four times—this looks like the carpet bag (produced) but I cannot swear to it—at this time De Puzey seemed to wear new clothes—I remember, on one occasion, going with him to the Pontefract Castle, and he said that he was left a large property and was going abroad—Cherry was there sitting inside, and he and Puzey went off together and left me in the public house—I know Partridge, I have seen him come to De Puzey's house more than once.
Cross-examined by MR. PHILIPPS. Q. Had not De Puzey a sister living there? A. Yes; I have seen her come to the door to let Partridge in, more than once.
JAMES SUTHERS . I am footman in Lord Foley's service. When Tomkins was out of town, I slept in the pantry—on 9th April, I went to the theatre half past 6 o'clock, and returned at half past 1 o'clock; Whetstone was in bed when I came home; after the robbery was discovered, there was a conversation in the servant's hall, and Whetstone said, in a sort of sneering manner, "That was too cleverly done, they will never find that out; when I lived at Mr. Sidney Herbert's, there was a robbery there, and they never found that out, and if they did not find that out, I am sure they cannot find this out"—he did not at that time say what the robbery was at Sidney Herbert's, but he had previously said that it was jewellery.
Cross-examined by MR. SLEIGH. Q. Was the subject of the robbery a matter of continual conversation between you and the other servants? A. Yes; it was a fortnight or three weeks after the discovery of the robbery, before Whetstone was given in charge—the robbery was found out on the 14th, and I believe he left on the 24th; that conversation was between those dates, he might have made the remark two or three times, not only to me, but to others in the servant's hall—I know it was half past 1 o'clock when I got home from the theatre; because we have a clock in the front hall, which I always look at when I come in; I do not suppose I go in any evening without looking at the clock—I do not enjoy myself every evening that Lord Foley is out, sometimes the porter is out—I will pledge myself as to half an hour as to when I came home; I was on my road home about half past 1 o'clock, and went into a public house in Oxford Street, and had a glass of ale, it was then half past 1 o'clock, and I hurried home—having a glass of ale in a public house is not an unusual matter with me—the theatre was over at half past 12 o'clock, it was the Haymarket—the performance ended about a quarter or twenty minutes past, but you cannot get out of a theatre in less than five minutes, and I was with a friend who I walked home with—I went into a public house with my friend, besides the one I have mentioned—my friend is not here.
WILLIAM CORK . I am hall porter at Lord Foley's. I remember 9th April, when Suthers went out; he returned at half past 1 o'clock, and I let him in—the painters had been at work that day in the house; they left about half past 6 o'clock—no one repaired a grate that day, there were no grates repaired in the house.
Cross-examined by MR. SLEIGH. Q. Did you sit up to let him in? A. Yes, in the front hall—I went down at 10 o'clock, to close the doors, and turn the gas out—there were no other servants up after 11 o'clock; all the servants were in the house, they all went to bed, to my knowledge, except Henry Whetstone, who came in about 12 o'clock, and went down stairs, and I saw no more of him.
COURT. Q. You close the area door at 11 o'clock. A. Yes; there is no key; there are two bolts and a catch lock; it could not be opened from the outside, but anybody inside could open it—I sit in the front hall, I sleep there—I went to bed there at a quarter past 12 of clock, and got up and let Suthers in at half past 1 o'clock—I know it was half past 1 o'clock, because there is a clock close to my bed, which I saw—I let him in by the front door, and he went down stairs and went to bed, for anything I know—my bed is not near the area steps; the front hall window faces the area steps—if I heard any body talking in the street, I should not take any
notice of it, as that is the case every night—the area door opens easily, I should not hear it.
GIDEON CROCKER (Police sergeant, C 9), On 17th April, I went to Lord Foley's house and saw Whetstone—I observed when he came up to me that he trembled very much; I asked him what was the matter; he said, "I am rather nervous from hurrying up stairs—I asked him if he knew a man named Williams; he said that he did not—I asked him who the man was that was seen at the area gate with him; he said that it was a man who he fell in with in Oxford Street one evening, and got into conversation with—I asked him if he knew him; he said that he did not, he came to the area gate and spoke to him—I said, "He came down stairs, did not he?" he said, "No; I have never had anybody down stairs to see me, excepting my mother, my sister, and my father"—I went to De Puzey's lodging, No. 290, Mary-le-bonne Road, and found a cap there, and a six barrel revolver under the drawers, loaded and capped—I have had the charges drawn.
Cross-examined by MR. SLEIGH. Q. You say that Whetstone trembled; did you go to him in uniform? A. In plain clothes—I had been there on the day that the robbery was discovered—I had no conversation with him that day, but he saw me; I looked at his box—he was called up by the hall porter—the inspector was not with me, he was at the police court—Benjamin had been apprehended, and the servants had left the house to give evidence—I put the questions to Whetstone off hand, without cautioning him—I think it is part of my duty to make inquiries when a robbery takes place—I slept in the same room with Whetstone for a week, locked in—it was after this conversation took place—I did not tell him for what purpose I slept in the same room with him; it would not have been policy to have done so—I do not believe he was aware that the door was locked till the last night—there was some one pretty close to him in the day time—he did not go away during the whole week, unless an officer went with him—I know a man who lived there to see that he did not get away—I do not know whether he followed him to every place—I said to Whetstone, "There is a reward of 300l. offered for the discovery of the person who committed this plunder;" and he said that he would do it for 3l., in fact, he would do it for nothing if he knew anything about it—this was on the Wednesday week after the robbery was discovered, and I locked him up on the following Sunday—he left Lord Foley's on the Saturday, and I took him at his father's—I did not accompany him to his father's, nor did any other officer by my directions—I went, next day, with the inspector, who took him into custody—we found him at his father's.
MR. GIFFARD. Q. What time on Sunday was it that you went to his father's? A. Four o'clock in the afternoon—from the time he left, some person was put to watch him—I relieved an officer at night, and he relieved me at 9 o'clock in the morning—I know he did not know the door was locked, because on the last night he said, "Why, they have locked the door;" I said, "Yes, they are going to take care of us"—I believe it was in consequence of Miller's information that I was sent there to keep watch on him.
JOHN DAFTER (Police sergeant, A 346). On 28th April, I went to No. 19, Manning Street, Lisson Grove, and found Cherry there in bed—I told him I wanted him; he said, "What for?"—I said, "For being concerned, with others, in an extensive plate robbery, at Lord Foley's, in Grosvenor Square;" he said, "I do not know anything about it"—I told him to dress himself—I searched the room, and found two gold watches, one of which was hanging up on the wall, twenty-six sovereigns, and this small bag; and between the bed and the mattress this life preserver—I took him into custody.
JOHN DUKE PARK (Police inspector). On Sunday, 25th April, I took Whetstone, at No. 15, Stacey Street, Paddington. I told him I apprehended him for being concerned in the extensive robbery at Lord Foley's; he said, "Very well"—I only found 2l.15s.1 1/2 d. on him—he was confronted with Cherry, De Puzey, and the woman, at the station, and denied having any knowledge of them—he did not speak to them, nor they to him.
Cross-examined by MR. SLEIGH. Q. Did you go alone? A. I was accompanied as far as the house—I knew of his having left Lord Foley's on Saturday—up to that time I had him under surveillance—I believe there was no policeman with him from the time he left to the time I took him—I searched his father's house.
CHARLES KELLY . I am assistant to Mr. Bryer, a gold and silver refiner of No. 54, Barbican. On Thursday afternoon, 13th April, about 5 o'clock, Benjamin came, and said that he called for an assay of a bar of metal which he had left to be assayed—I referred him to another assistant; we bought the bar of him, and our cashier paid him the money; I only know that from a memorandum—it was 40 ozs., 10 dwts, at 5s.4d. an ounce, which would be 10l.16s., less 1s.6d. for the assay—this is the memorandum (produced)—; it was not made at the time; it is copied from our assay book—there would be a portion of gold in it to bring it up to 5s.4d. per ounce, about one dwt. in the pound; that is the usual proportion of silver gilt articles—I told him he would get it at the other counter; and, while they were making out the assay, he came back to me, and said, "Here are two pieces of silver I may as well sell you"—I do not remember whether the assay was handed to him at all—we are generally supposed to give it to the purchaser—he produced these two tops from a dressing case discoloured in this manner (produced)—; I took up the larger one and touched it with a file, to ascertain that it was silver, before purchasing it—Benjamin had this one in his hand on the other side of the counter, filing it over the top where the crest is—I said, "These have a crest on them;" he said, "Yes, they have been in a fire"—I said, "Yes, I can see that, it is all right"—I was filing on the side, not on the top where the crest is—they have been in some fire—I offered him 5s. an ounce for them; they were weighed, and I gave him 10s.3d. for them—I gave them to Bull the policeman—I gave information myself.
Cross-examined by MR. MONTAGUE CHAMBERS. Q. Are you dealers in a large way? A. Yes—I have known Benjamin ever since I have been in the establishment; he has been in the habit of bringing silver and gold bars—he has been a dealer ever since I have known him—I only knew from his coming that his business was selling gold and silver; it is not a new thing—I always understood that he lived in Sun Street, Bishopgate—I think this dealing in the bar of silver was on the 13th, it was Tuesday—I do not remember that there had been a transaction the day before—I have received a letter this morning, and have referred to the books, and find that a gold chain, to the amount of 2l.14s.9d., was sold by him the day before—we have half a dozen files lying on the counter, and when there is a question as to the nature of an article, we take up the files to find out—by filing the centre of these it would tend to take the crest from view; it would obliterate it.
Q. I think your judgment is perfectly incorrect, and in order to test your judgment the jury must look at it, and they will perceive that by filing the centre the crest would be more brought to view; perhaps you never noticed that the crest by filing becomes more visible to the naked eye? A. Possibly it does—I left the articles just as they were—inquiries were made of us two days
afterwards which led us to hand the articles over to the police; and the moment they inquired I was able to recognize the crests and hand them over to them—I told them at once that I took them of Benjamin, so that without difficulty the police officer could have found out who had sold us these articles—they came to me two days afterwards, making inquiries and describing the crests; I took down the information, looked at the silver, and found these two—I had not to look through many articles with crests before I discovered these two; it was from the description of the articles by the police—we had articles with crests, and names, and all sorts of things—we do not always buy articles unless we know the parties—whenever there is a plate robbery, as a matter of course, from our large dealings, the police come to us and make inquiries—we have a list every morning—this is not the first time after plate robberies that our establishment has been resorted to, and we have delivered up the plate we have bought; but we have information of all the robberies committed during the previous day—on one occasion, the whole of our things were taken away to be examined—it would be notorious that the police would come there—there were other customers in the shop at te time Benjamin was effecting this sale with us—there was no concealment—I gave him a ticket to get the money.
MR. GIFFARD. Q. You say that you have known him as a dealer, have you ever known him buy? A. Not to my recollection—it is usual for persons in the trade to buy as well as bell—I should not like to say, but in my humble opinion, Benjamin was using the file to obliterate the crest.
COURT. Q. Can you tell whether these have been in the fire? A. Yes; they would not be particularly difficult to melt, not more than other silver—if the bar which was brought to us had been melted, these might have been melted into it and made part of it—this silver appears to me to nave got to a red heat, and then taken from the pot, it has run—I cannot conceive why two pieces of silver should be taken out of the pot and not melted, but it is very certain they have been in the fire—I cannot tell whether they have been in a melting pot—we assayed the bar a day or two before we received information of the robbery—silver generally comes from abroad in bars of 1,000 ounces; this is an English made bar—the bars we get from abroad are fine silver; this is not quite standard silver—many manufacturers melt down their filings and then sell them to us, or they might bring them to us to melt them—persons melt them themselves to save expense, but we can melt then cheaper than anybody else—I cannot give you the reason why persons melt things before bringing them to us—I should be sorry to say that I could not account for any honest man being in possession of a bar of silver which bad been melted in England, but the jewellers and silversmiths melt for themselves, they prefer melting their own stuff, because they know that they have got it all and that they lose none by sending it to a strange place to melt—they melt them into bars and send them to us to be assayed.
JURY. Q. Is it usual for dealers, not manufacturers, to sell their silver in bars or as damaged articles? A. The dealers sometimes sell them as they are, and sometimes melt them into bare—Mr. Phillips, Mr. Somere, and Mr. Fork melt their old silver into bars, and then sell them to us—they have shops, and deal with pawnbrokers, and take stuff in exchange.
MR. CHAMBERS. Q. Do they attend pawnbrokers' sales, and have old stuff knocked down to them? A. Yes.
JOHN MARK BULL . I am a detective City officer. I received these two tops from the last witness, on 15th April, at his master's shop, in Barbican; he gave me some information, and I communicated with the metropolitan police.
STEPHEN THORNTON (Police inspector). I took Benjamin into custody, at the end of Threadneedle Street, near the Royal Exchange, on 16th April, about 4 o'clock in the afternoon—I told him I was a police officer, and asked him if he had sold to Mr. Byers, of Barbican, 34 ozs. of silver and two tops of scent bottles; he said, "Yes"—I said that he must go with me, for the tops were part of a large robbery at Lord Foley's of 2,000l.—as we walked along, I said, "Can you account for the possession of those tops?" he said, "Yes, I can; I bought them of a man at the door in the street"—I said, "What door?" he said, "Mr. Searle's door, Barbican;" he also said that he bought them of a man in the street, who said he found them in the fire—I took him to the station; I asked him to describe the man; he said that he was dressed as an Irish labourer—on 25th April, I took Puzey at Ramsgate, about 11 o'clock in the morning—I told him I was a police officer, and wanted him for the robbery of plate at Lord Foley's; he said, "Me?"—I said, "Yes;" he said, "You are responsible for this;" I said, "Yes"—I took from his finger this mourning ring—I took Pickett on the same day, from the house where De Puzey lodged—I told her the charge; she said she knew nothing of it, and requested to be left behind—De Puzey's sister gave me a gold watch and chain and key, and two finger rings, in his presence, and he gave me two gold hair rings.
Cross-examined by MR. CHAMBERS. Q. Did you go and search Benjamin's house? A. I went there, but did not take part in the search—I searched him, and found this bill or ticket upon him, and eighteen sovereigns and a bank book.
MR. GIFFARD. Q. Have you got this bill or ticket? A. Yes; it is an account of the transaction of this silver (produced).
RICHARD TURNER (Police sergeant, A). I was with Thornton when Benjamin was taken; he was asked for his address, and gave me this card—(This was Benjamin's card, stating him to be an importer and dealer in cane, at No. 21, Great Dover Street)—I went to No. 21, Great Dover Street, and found this bar of silver (produced) weighing 62 ozs.; I showed it to Benjamin at the station, and he said to Thornton, "You recollect, Mr. Thornton, how I told you I got these things."
Cross-examined by MR. CHAMBERS. Q. When you showed him the bar of silver, did not he say, "That is my property?" be cautious; you have been examined before. A. I do not remember it—on my producing the bar, he may have said, "That is my property;" I will not be certain; I think he did—I do not remember that he made a remark to Thornton with reference to the tops; they were there when I produced the silver—all he said in my hearing was, "You recollect, Mr. Thornton, how I told you I got these things"—I searched his premises, and got a quantity of silver and silver gilt articles, which have been given up to Mr. Lewis, the solicitor—I knew him as living in Sun Street, but have only known him personally since 1855 or 1856—I did not know that he had removed from Sun Street, when I asked him where he lived; I went there, and searched his premises, after he was in custody—he was not a dealer in canes in Sun Street, that I know of—his sons are quite boys.
MR. POLAND.—Q. Do you know whether he had a shop in Sun Street, at this time? A. No—I searched the house in Dover Road—there are some kilns on the top of the house; they are used in the drying process for the canes, and are very large.
COURT. Q. Have you looked for the mould in which this bar was cast? A. Yes, very carefully, but it was not found.
166 CARDEN, Mayor.
JOHN TOMKINS , re-examined. I have received these tops; they are part of the property which was locked up safely in the plate closet—I have one of the bottles here which they belong to—it fits; and here is one which was left in the case; the pattern and crest are the same.
THOMAS HENRY LORD FOLEY . I had a third key to the plate chest, which I kept locked up in my writing desk—immediately I received information, I returned to town, went to my writing table, and found that the key was safe, and the lock of the drawer all right.
Cross-examined by MR. RIBTON.—Q. Were you on each occasion before the Magistrate? A. On all occasions but two, when I was out of town—there were not more than six or seven remands before the committal—I do not know whether that will include the two that I was not present at.
SOLOMON HALLANT (Police superintendent). I remember Duberry being examined at the Police Court—the exact date he came to me was 8th May—I was at the station when Whetstone was brought there; he was brought by my direction—I said to him, "You will be charged with the other prisoners," that was all—when Whetstone was brought in, Thornton was present (he had just come up from Ramsgate), and Cherry and Pickett—I said to Whetstone, "You will be charged with these persons with stealing your master's plate"—he said, "These persons, Sir? I never saw them before."
MR. RIBTON contended that there was no case to go to the Jury against Cherry, there being nothing to connect him with stealing the plate. THE COURT was of the same opinion, and considered that the same observations applied to Pickett, and a verdict of NOT GUILTY was taken as to those prisoners.
COURT to EDWARD WEEDON. Q. You told us that you recognized the woman Pickett and Puzey as two of those you drove to Goswell Road; did you say that Partridge was the other man or not? A. I have no opinion on the subject; he is about the size of the man, but I do not recognize him—I rather think he is the man than the other way.
----Izzard, a hosier, of High Holborn, and Philip Phillips, gave Benjamin a good character.
NOT GUILTY .
WHETSTONE— GUILTY — Six Years Penal Servitude. DE PUZEY and PARTRIDGE— GUILTY .— Three Years Penal Servitude each.
NEW COURT.—Thursday, June 17th, 1858.
PRESENT—MR. RECORDER; and Mr. Ald. WIRE.
Before Mr. Recorder and the Sixth Jury.
HENRY FRANCE . I live at No. 111, Wardour Street. I was the last up in the house, on the night of 27th May—I went to bed at a quarter before 11 o'clock—the house was then shut up safe—the back parlour window has not been fastened for two years, but it was closed; it has always been closed—about ten minutes before 7 o'clock, the next morning, I was called up by the police—I found that window open, and missed this cruet stand and these cloaks—they were safe the night before.
three minutes after 6 o'clock; that was not quite a mile from the prosecutor's house—he was carrying a bundle; I stopped him and asked what he had got—he made no answer, but said he was going to take it to Camden Town—I examined the bundle, and found these articles in it, which the prosecutor identified—I examined the prosecutor's house and found the window had been raised up, and a desk in the shop had been broken open—the prisoner refused to give his address.
Prisoner. A man gave me 1s.6d., to carry the things to Camden Town. Witness. There was 1s.6d. in silver and 5d. in copper found on the prisoner.
NOT GUILTY .
MR. CARTER conducted the Prosecution.
JOHN WHITING . I am porter to Mr. Bagster, a bookseller in Paternoster Row. I watched the premises of Mr. Hodgson a bookseller—on 10th April, I placed myself behind a partition in his warehouse—I was there at about a quarter past 8 o'clock, and about a quarter before 9 o'clock I saw a man named Atley, who has since been convicted, go behind another partition and take up a bag which contained 176 volumes—I came out and saw Atley and the prisoner by the side of one another, and both running—I followed the prisoner, he went down Canon Alley into Newgate Market—I kept him in view and caught him; a butcher came up and took hold of my wrist, and twenty or thirty others came up and hustled me, and the prisoner escaped—I had not known him before; I know him now—I saw him again about 12th May, in custody—the books were the property of Mr. Thomas Hodgson, they were worth about nine guineas; they were carried down stairs and dropped at the foot of the stairs.
Cross-examined by MR. RIBTON. Q. Was it dark? A. No, it was about five minutes before 9 o'clock in the morning—I did not see the prisoner up stairs—when I came down I heard the books drop—I saw the prisoner and the other man both running down the yard—the prisoner was in the yard of the Aldine Chambers—I should say there are about a dozen sets of chambers there—there is what is called the front house, the west house, and the Aldine—I saw the prisoner in the yard, not within the building—the books were left at the bottom of the stairs.
MR. CARTER. Q. Is there an entrance from the street into these chambers? A. Yes; a sort of court.
GEORGE WRIGHT . I am porter to Mr. Allen of the Aldine Chambers. I was there about half past 8 o'clock in the morning, on 10th April—I was on the ground floor in Mr. Allen's premises, in the office—on hearing a running down stairs and a cry of "Stop thief!" I opened the side door, and saw the prisoner drop the bag from his back in coming down the stairs—he passed the door that I had opened; there was another man with him; they both ran away together—the last witness was coming down stairs pursuing the men—I had seen the two men on several occasions before—I saw them both go up stairs that morning—I am certain the prisoner is one of them; I had seen him that morning and on former occasions; the other man generally used to go up stairs first, and the prisoner generally followed—I had seen that seven or eight times; the prisoner was not employed in the premises.
Cross-examined. Q. What are you? A. A porter—I took particular notice of the prisoner's features—I saw him afterwards at Guildhall; the officer brought me there and told me I was wanted—I saw him again in custody, if
I had seen him in the street or walking on London Bridge, I really think I could have identified him; I should know him again if I saw him.
MR. CARTER. Q. Had anything passed between, you and Mr. Hodgson before that morning? A. Yes.
NELSON HUNT . I am housekeeper at the Aldine Chambers, in the service of Mr. Bagshaw. On the morning of 10th April, I saw the prisoner and Walter Atley—I had watched them for three mornings before—I observed them, about five or eight minutes before 9 o'clock, go into the chambers and go up the stairs—I went and looked through the gate, and saw the prisoner standing on the first landing; I could not see the other person, he had gone up—I went and got two or three more shutters down, and the prisoner and the other man came out without any load, and Whiting followed, crying, "Stop thief!"—I followed Atley, and Whiting followed the prisoner—I am certain the prisoner is the man.
GUILTY .—He was also charged with having been before convicted.
HENRY HUBBERSTEY . I reside at Winchester—I produce a certificate from the office of the Clerk of the Peace there—(Read: "Oct., 1856; Thomas Underwood, Convicted of stealing one piece of plaid; Confined four months")—I was present at the trial; the prisoner is the man.
GUILTY.*— Confined Two years.
ROBERT LANGHAM . I am a stableman in James Mews, Berkeley Square. There was a mare there, at stable, belonging to Mr. Lillycrap—on 10th Feb., the prisoner came, and asked if I had a mare belonging to Mr. Lillycrap, I said, "Yes;" he told me to let him look at it—he came the next day with Mr. Redding, a horse dealer—the prisoner showed it him; they went away, and the prisoner said he should come the next morning for the mare—he came and said, "I have come for the mare;" I said, "Have you seen Mr. Lillycrap?" he said, "Yes; and he said, I might have her;" I said he should not have her without a written order—he went away, and came with this order, "Let the bearer have my pony;" I let him have it.
Prisoner. Q. Were you not told I was the person, before you swore to me? A. No; I told the sergeant I was quite certain you were the man; I was quite positive; I said you had large bushy whiskers, and a hat on, you were quite altered.
COURT. Q. How long was it before you were certain he was the man? A. About ten minutes—I told the sergeant I knew a person very much like him—I would not swear to the one or the other.
Prisoner. Q. Are you certain it was not him? A. I have heard he is dead.
WILLIAM PEARSE LILLYCRAP . I am a furrier. I had a mare for sale in Feb. last—I knew the prisoner, I had seen him before—he came two nights before to my door, and asked for a job—he had clipped a horse for me before that—he said he was very hard up, and asked if I could give him relief—I told him I bad a mare for sale, and if he could sell it, and bring the person to me, I would give him something for himself, but I never authorized him to take away the mare—this card was not written by me, nor by my authority, it was written by a young lady in my employ, she gave him this in consequence of what he stated—I have seen the mare since, and have sold her.
came to me, and said he had seen Mr. Lillycrap in the morning, and he had allowed him to take the mare away; and the man refused to let him have it, unless he had a written order, and I wrote this.
Prisoner. Q. When had you seen me before? A. A few days before, talking to Mr. Lillycrap, about 7 o'clock in the evening—I had seen you several times before—I cannot tell when.
GEORGE SMITH . On 12th Feb., I bought the mare which has been identified by Mr. Lillycrap—I gave 18l. for it—I did not buy it of the prisoner, but I believe he held her head while I was buying her—I would not positively swear he is the man.
Prisoner. Q. Can you swear I was the man? A. Not positively; but I believe you are the man; you had long bushy whiskers at that time.
COURT to MARY WRIGHT. Q. When the prisoner came to you, was he the same as he is now? A. No; he had much more hair, and long bushy whiskers then.
JOHN ELMAR . On 12th Feb., the prisoner and another man came to my house with this bridle and saddle, which they wanted to tell to me—the other man was in the habit of frequenting the repository—I am sure the prisoner was one of the men who came, though his appearance was very different to what it is now—the other person represented himself at the owner of the saddle and bridle.
Prisoner. Q. Did you not say you could not swear to me? A. At first I was rather confused, but I am satisfied you are the man—I had seen you before, at different repositories; at Dixon's, and St. Martin's Lane—I had seen you on several occasions, and the man Slade, who was with you—Slade sold it me; you represented him as a highly respectable tradesman, who carried on business at Bermondsey—it was on that assurance I purchased the bridle and saddle.
JOHN DASTER (Policeman, A 346). I apprehended the prisoner, on 4th May—I asked him if he knew Mr. Lillycrap, of Berkeley Square; he said he knew no such person—I asked if he had done any work for a person of that name; he said, "No."
Prisoner. Q. Where did you take me? A. At Mr. Anson't livery yard; you were working there as a stableman, I suppose—I sent a person into the office for you, and you came out—I asked for you by the name of Tom Brown—I asked you if you ever went by the name of Turner; you said, "No."
GUILTY . †— Confined Two Years.
MR. LILLEY conducted the Prosecution.
EDWARD DONNOGAN . I live at No. 24, Steven Street, Mary-le-bonne. On 28th May, at a quarter before 6 o'clock in the morning, I heard the clock strike; I had not left my home above a minute—I saw the prisoner in front of Mr. Dignum's, No. 31; I could not say whether the door was shut or open—I went on, and heard a noise; I came back, and saw the prisoner in the shop—she had in her hand some railway wrappers; she threw them down—I made an alarm, and awoke young Dignum; he came down—I am sure the prisoner had them in her hand, and she dropped them on the floor, just at the end of the counter, inside the shop.
Cross-examined by MR. CARTER. Q. You saw her first on the step of the door? A. Yes—she was not doing anything—they sell ginger beer at that shop—I got on about six yards from the shop, and I heard a noise—I had heard the clock strike the three-quarters before I came out; I had only gone a few yards—I heard the clock strike 6 when I was at work—it was daylight—I had not known this woman before—I had gone on about four yards when I heard the noise, and when I came back I found this woman in the shop—I had not gone out of sight of the house.
THOMAS DIGNUM . I live with my father, Darby Dignum, at No. 31, Steven Street. He keeps the shop and two back rooms—he deals in ginger beer and harness—we had several railway wrappers on the cot in the middle room—on the morning of 28th May, I was called up by the last witness, as near as possible, about a quarter before 6 o'clock—I came down, and saw these wrappers had been removed, and were placed against the street door—when I went to bed the night before, I left my parents up—when I came down, I saw the prisoner in the shop; I let her go outside, and followed her, and gave her in charge—these are my father's wrappers.
GEORGE JERAM (Policeman, D 295). I was on duty in Steven Street, Mary-le-bonne—I went on duty at 10 o'clock the night before—I saw the prisoner at the Globe public house—I saw her again, at half past 3 o'clock, coming through Steven Street—I saw her again, when I took her into custody, at ten minutes before 6 o'clock—Thomas Dignum gave her into custody—I took her back to the shop, and found the hasp of the door was broken—I had seen Mr. Dignum go out at half past 5 o'clock, and he shut the door—I am sure the door was shut; I was close to him.
Cross-examined. Q. I suppose you saw a good many women about in the course of the night, wandering about the street? A. Yes, at all hours—I saw Dignum go out at half past 5 o'clock—I was standing speaking to him, when he put his horse into the cart, and went off—I did not see the house again till I saw the prisoner and took her into custody.
COURT. Q. Had you seen what state the hasp was in when Dignum went out? A. Yes, I saw him put the hasp on, and lock it, and he put his hand against it, and could not push it open.
MR. CARTER. Q. Were the premises old? A. Yes; but when the lock was in, you could not break it open—I did not find any hammer or any instrument about the prisoner.
GUILTY .—She was also charged with having been before convicted.
EDWARD JOYCE (Police sergeant, D 59). I produce a certificate of the prisoner's former conviction—(Read: "Westminster, Sept., 1854; Margaret Connor, Convicted of stealing a basket; Confined Ten Days solitary")—the prisoner is the person—since then she has been summarily convicted several times.
GUILTY.— Confined Three Months.
THIRD COURT.—Thursday, June 17th, 1858.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. WIRE; Mr. COMMON SERJEANT;and MICHAEL PRENDERGAST, Esq., Q.C.
Before Mr. Common Serjeant and the Seventh Jury.
MESSRS. METCALFE and SHARPE conducted the Prosecution.
THOMAS MOUNTAIN . I am clerk of the Sheriff's Court for the county of Middlesex. I was acting there as clerk, on 29th April, when the case of Masters v. Freeman came on to be tried—Mr. Burcham is deputed to act for the Sheriff and to administer the oath—the oath was administered to the defendant—he was examined—I made this note at the time, "Mr. Freeman swore, 'I did not receive flour from the plaintiff after 1st. Oct.; I never acknowledged to Fray that the debt was due to the plaintiff.' Cross-examined. I have changed my attorney—I called on the plaintiff's solicitor after the service of the writ, I said, 'I shall be prepared to pay the debt without the costs'—I had not then found the receipt."
Cross-examined by MR. TINDAL ATKINSON. Q. Was the wife examined? A. Yes—that last part is her evidence, "I had not then found the receipt."
GEORGE MASTERS . I am a flour dealer of No. 11, Earl's Court Gardens, Kensington, and am the prosecutor in this case. I first knew the defendant in July last, and had dealings with him up to 23d Oct.—I received a verbal order on 22d Oct., from the defendant, at his house, requesting a delivery to him of ten sacks of flour—I sent five sacks next morning by my cart—I did not see them put into the cart, but I gave instructions to my man to go to the station and take a load of twenty-five sacks, five of which he was to deliver to the defendant—I called on the defendant on the Thursday following; Thursday was my usual day for calling—I did not say anything about the flour on that occasion; I called for money—I called on 7th Dec, and received 5l., in part payment of some barrels of American flour delivered in August—I had also received 2l. before that, which I placed to the balance which was owing—he paid me 1l. next day, and I said that the money should go, with the 7l. which had been paid previously, to the payment of the five sacks which are now owing for—I asked him for the balance of 5s. for the barrels of flour which would close up the arrears, independent of these five sacks; he said, "No, I shall pay you for them as I think proper;" I said, "Certainly not;" and he said that he should pay me at his leisure, 1l. at a time—I had not at that time mentioned any particular date at which the five sacks were, delivered, but there was no quantity of five sacks delivered at once, at any other time—he admitted, after 23d Oct., that he owed me for the five sacks—he never disputed it till he was served with the writ; he told me that every time I called—I called every Thursday, but did not always see him—I saw him five or six times—the writ was issued 23d Jan., two days after this conversation—I was present, when the case was tried in the Sheriff's Court, and heard the defendant examined on his oath—he sworce positively, that he had never received the five sacks of flour.
Cross-examined. Q. And his wife swore the same thing, did not she? A. Yes—there was a pass book between us—this is it (produced)—I made the entries in it, at his house, from time to time, and left it in his possession—when I stated, that this was the only lot of five sacks that I delivered, I meant that I delivered on that day—the last delivery was five sacks on 21st Aug.; but it was for the five sacks now owing for that I went for the money for—I found no entry here of five sacks delivered after 21st Oct.—I had this book in my hand, and could have entered the five sacks in it, if I had chosen—I had the book in my hand in Jan., when we were discussing about the flour—I dealt with him honestly—the five sacks, on 23d Oct., is not here, because I never had the book in my hand for two months; the excuse was, that it was lost.
COURT. Q. Why, when you did get it, did you not enter the five sacks?
A. It was an oversight that might happen to any tradesman; I did not always take my ledger in my pocket to the house.
Q. Do you mean to say that you did not remember the five sacks having been delivered? A. Seeing the five sacks there unpaid, I concluded that it was the same date.
MR. ATKINSON. Q. Did not you receive the money for those five sacks that were owing for in Oct.? A. Yes—this (produced) is a receipt on Nov. 5th, for five sacks of flour, delivered on 1st Oct.—after that I applied to him for the five which were owing for—I had not then this book in my possession; he told me it was lost, and I did not have it till Dec.
Q. This receipt is Nov. 5th; you went to him after that, and had an opportunity of entering it at that time? A. I have answered that; the excuse was, that the book was lost, and I have no doubt it was—I received the money on 8th Oct.; that was the last payment, I think—I entered in this book the goods that were delivered on 1st Oct., which was the week following—when I called again, the book was lost, and I never saw it till Dec. 10th, when I gave him credit for 5l., which is entered here, and on Jan. 7th, I gave him credit for 2l.—there was then five sacks unpaid for, and I naturally concluded that those were the five sacks that were owing to me—when I receive money, I enter the last delivery in the book, but the book was missing when I received the money, on 5th Nov., and I gave the receipt you hold in your hand—I served the writ on the defendant—I should think I saw the endorsement on it before I served it, but I should be sorry to swear that I read it; most possibly I did, but I should be sorry to swear to what I do not remember—I should think there is no doubt about this being the writ I served; it has not been in my hands since Feb.—I had the original, and delivered it to my attorney—I have no doubt I compared the amounts in them—there is no doubt that I read the endorsement.
MR. METCALFE. Q. You say that five sacks were entered on 23d Oct.? A. Yes; they are not entered in the book—he told me the next week that it was lost, and I gave him a receipt on that day—the invoice is Oct. 1st, and the receipt is Oct. 5th—these entries in the book, after that, of 5l., 2l., and 1l., I placed to the credit of 5 barrels of flour had on 23d Aug., which were 8l.5s., that leaves a balance of 5s. due to me.—there never had been a question made about whether the payment applied to the delivery on 22d Oct.; but what the defendant disputed was, that they were never delivered—he never disputed the delivery up to the writ being served—this (produced) is the book which I kept.
DAVID FRAY . I am a greengrocer and carman. I cart for Mr. Masters, in consequence of orders received from him, I went to the prisoner's house on 23d Oct. between 3 and 4 o'clock, with a van, and delivered to him in person fire sucks of flour—he then went with me, to show me where Mr. Read lived, and I delivered five sacks there—I also deliered five sacks to Mr. Aley, and five to Mr. Parry—I had five to deliver at Paddington, but not being very well, I did not deliver them—I merely keep my own accounts when I go home, and looking at them I am quite certain that I delivered five sacks to the defendant that day—I was present when the case was tried.
Cross-examined. Q. Have you been to Mr. Cooper's office about this matter? A. I called there one day—he did not send for me; Mr. Mountain took me, and asked me if I remembered delivering them on 23d Oct. and I said that I did—I did not go to Mr. Cooper's to tell him that—Mr. Cooper did not examine me, Mr. Heron attended for him—he told me to tell the truth, and to be very particular about the 23d.
MR. SHARPE. Q. Whatever was said, are you certain that on the 23d you delivered five sacks to Mr. Freeman? A. Yes—I served Mr. Freeman with coals, and I called there once in January and asked him for an order—he said that he did not want any, and then commenced a conversation about the dispute—he said that as Mr. Masters had stopped the supplies of flour, he should pay him for the five sacks at his own convenience—that was between 23d and 27th Jan.
JURY. Do you have any signature for flour from Mr. Masters? A. Not always; sometimes I am in a hurry to get to the railway—I have signatures when I have invoices, but I had no invoice that day.
COURT. Q. Your book has nothing to do with the customers. A. No; looking at it only enables me to say that I took a load of twenty-five sacks on 23d Oct.—I took five sacks home that day, but I sent a man with them next morning—my attention' was first called to having delivered flour on 23d Oct. at the beginning of the following February—when I left the five sacks undelivered, was the last transaction I had with Mr. Read; I had a boil on my back, and going down stairs at Mr. Freeman's house, I burst it—Read was a new customer, and my master told me to ask Freeman his address—I was obliged to go to Freeman's, to know the way to Read's.
WILLIAM READ . I am a baker, of No. 9, College Place, Chelsea. The defendant introduced me to Mr. Masters—I remember Fray and the defendant coming to my house on 23d Oct.—Fray delivered five sacks of flour—we went across the road, and had a pint of ale, and while there he said that Mr. Masters had only sent me five sacks instead of ten.
Cross-examined. Q. Are you quite sure you were at home on 23d Oct.? A. I came into the shop while Freeman was there; and he said, "Master has only sent five instead of ten."
Cross-examined. Q. Are you in business in the same way in his neighbourhood? A. Yes, my shop is near Freeman's—I do not serve one customer in the same street as he does.
MR. METCALFE. Q. Has there been any rivalry between you? A. No—when Freeman said, "Master has only sent five sacks instead of ten," I understood that to apply to Mr. Freeman's sacks, not mine—I had only asked for five, not ten, and had only wanted five—I had ordered them in my shop of Mr. Masters.
Cross-examined. Q. Was your husband at home that day? A. Not when Fray came, but he came home before they left—Freeman came with Fray; they afterwards went across to the public house.
WILLIAM FREDERICK COOPER . I am the attorney for the prosecution. I was at the trial; my clerk endorsed the writs, and sent them to Mr. Masters—about seven or eight days after that Freeman called on me; it was 9th or 10th Feb; the time was nearly out—the service of the writ is endorsed, "2d Feb., 1858"—he said that he objected to pay the debt and the costs; he was willing to pay the debt, but not the costs—I said, "Well, as that is the case, I will take 1l. for the costs, instead of 1l.15s.;" he went away, and said that he would call in the course of the evening, but I never saw him again—the amount endorsed is 11l.15s.; it was that debt that he was proposing to pay.
Cross-examined. Q. Did he say that he had lost the receipt? A. He never
mentioned any receipt at all; I do not think he was there three minutes—I did not send him a letter before the writ; the first intimation was the writting is a copy of the writ, and there is the original (produced)—here is nothing in it about 23d Oct.—the prosecutor and defendant do not live in the same district—I could sue in the County Court.
MR. METCALFE. Q. You say that this does not refer to 23d Oct.; is there any date here? A. No, it is not required under the Act of Parliament—there were no other particulars—there was no application by them for better particulars, which they might have made.
MR. METCALFE to GEORGE MASTERS. Q. What was the price for these five sacks? A. Forty-six shillings per sack; that comes to 11l.10s. for the five, and the 5s. left from the August balance makes the 11l.15s. endorsed on the writ.
MR. ATKINSON called
JAMES HONOUR . I am a baker, and live at Chelsea. I was in the prisoner's service—I remember flour being delivered at his house on 1st Oct., it was not over good—it was in sacks; it did not work well—I remember the cart coming afterwards on 23d Oct.—it was on Friday, about three weeks after the first came—I know it was on Friday, because we had a second batch that day—Mr. Masters' cart came between 3 and 4 o'clock that day—the driver met Mr. Freeman on the pavement, and he said, "Can you tell me where Read lives;" Mr. Freeman said, "Wait a minute, I will put on my hat and show you"—I came up into the shop to ask a question of my master, and saw him and Fray going down the street—when the cart came I was in the bakehouse, and I looked up and saw Fray talking to Mr. Freeman—I heard the cart stop, that made me look up; I saw Mr. Freeman and Fray and the cart go off in the direction of Read's—the cart was drawn up by the side of the shop in Robert Street—there was no flour left at Mr. Freeman's by Fray that day—when flour is delivered, the cart is drawn up in Britten Street, which is round the corner—I am quite certain that on that occasion no flour was left by Mr. Fray—I saw Mr. Fray through the window, and I said, "I hope you are not going to bring any more of that rubbish here;" he said, "No I have none for you to-day;" this was on Friday 23d Oct.—Mr. Freeman had not any flour in Oct., except on the 1st—there was not any flour delivered till the middle of Jan.
Cross-examined by MR. METCALFE. Q. Into what street does the bakehouse window look? A. Into Robert Street—the other is in Britten Street, that is where the flour is delivered, about five yards from the shop door at the corner—I was not called at the trial—I have never stated that before to-day—the attorney questioned me on the subject, I did not tell him that I said to Fray, I hoped he was not going to bring any more of that rubbish—I called up through the bakehouse window to Fray—the rubbish was not brought in August; that was in barrels; the sacks were delivered on 1st Oct.—the flour in the sacks was not very good—that in the barrels was very inferior—I did not say anything on 1st Oct. about the rubbish—that in the sacks was the best, but that was inferior—I do not know anything about the money for that, that was left in the barrels—I had this conversation it might be six weeks ago, but I mentioned before to Mr. Freeman that I said to Fray, I hoped he was not going to bring any more of that rubbish, and he said that he had none for me to-day—I do not know whether my master heard it, he might have—he did not say to me "Do not you remember saying to Fray, 'You are not going to bring more of that rubbish here'"—I am now in the service of the defendant—I have been so about seven or eight weeks this time—I was taken on shortly before the trial; it might be a fortnight before—I had been away
from him nine or ten weeks—I gave warning and left—he did not ask me to give warning; we had a few words, and I thought we had better be apart—I went back because he was getting a little busier—I was there on 23d Oct., I left on Saturday night, the third week in Jan.—I was away nine or ten weeks, and went into his service again about a fortnight before the trial—Mr. Freeman asked me if I would mind going up to the trial; that was to this trial, not to the other—I did not at first know that my master was taken to the Police Court about this charge—I did not know he was there before he was committed for trial, I did not know it till a month or five weeks ago—I knew it about a month back—I did not know he was charged—he did not ask me to come before the Magistrate to state what I knew—I saw him every morning.
COURT. Q. What quantity of flour did you make up in a week? A. In Oct. we used ten or eleven sacks a week—my master dealt with Mr. Isaacs and Mr. Mumford besides Mr. Masters.
CHARLES HENRY FREEMAN . I am the defendant's son, I am 15 years old, and am in his employ. I remember, some time in Oct., Fray, Mr. Masters' carman coming to my father's shop—he had a van with him which was drawn up in Robert Street, that is the street in front of the shop—it is not in that street that flour is delivered to my father's shop, but in Britten Street, round the corner—after the van had stopped, I heard the last witness speak—he was in the bakehouse—a person in the bakehouse can see into the street—he can Bee a cart or a van, and he could speak up from the bake-house to a person in the street—I heard him say, "I hope you have not brought us any more of that rubbish;" the carman said, "No, I have none for you to-day," and the van went away—it was not drawn up in Britten Street that day, and there was no flour delivered that day.
Cross-examined. Q. Where were you? A. In the bakehouse, the same that Honour was in—I did not go out of the bakehouse at all; I stopped in the bakehouse while the van was there—Honour was in the bakehouse all the time—I remember my father going away with Fray—I am quite certain that Honour remained in the bakehouse—my father was on the pavement in Robert Street—the place where the flour is delivered down into the bake-house is in Britten Street—that is the bakehouse that I was in—the bake-house looks into Robert Street, but the flour is taken in at the private door, down two flights of stairs, and then comes into the bakehouse—the first flight of stairs goes down to the yard, the flour is left there when we have no room in the bakehouse, but it is generally taken down—my father did not talk to me, and tell me that an action was brought against him for this money—I did not hear of it from him—my father has spoken to me about it, but not till the trial was over—my father knew that I was in the bakehouse—he did not ask me to go to the Sheriff's Court, and state that I was in the bake-house, and that the flour was not delivered—I do not recollect telling my father that I heard Honour say to Fray that he hoped he was not going to bring any more of that rubbish there—I recollected it two or three weeks ago, and yet I did not tell my father—I knew my father had been charged with swearing falsely that flour had not been delivered that day—I did not tell my father of this conversation, and that I heard Fray say, "I have none for you to-day"—I mentioned it to Mr. Pearce—I never mentioned it to any body before that—I had not been talking with Honour about it before that—I remember Honour leaving my father's service—I do not know what he left for—my father discharged him—I do not know that he charged him with anything—I remember his coming back some time in April—my father did not tell me why he was coming back—I did not talk over
what I have now said with Honour—I did not say anything to him about it—I do not recollect when Honour first said that he had said to Fray that he hoped he was not going to bring any more rubbish—he did not tell me before I mentioned it to Mr. Pearce—I had not told Honour that I heard him say so—I told this to Mr. Pearce—I had not been pressed about it before.
THOMAS STANTON . I am a carman. I drive my own horse and cart—I have worked for the defendant in carting flour from his place to Mr. Read's—I recollect in Oct. being at Mr. Read's house; the van was standing at Mr. Read's door—I saw it there delivering flour—I believe it to be Fray's van—the flour came from Mr. Masters—I saw Mr. Freeman in the shop, and he and I left together—we left the van standing at Mr. Read's door—the flour was delivered—I did not see Mr. Freeman go into the public house—we went together back to Mr. Freeman's shop—the distance between the two shops is about 200 yards—I have frequently carried flour from Mr. Freeman to Mr. Read's—on that evening, I was again in Mr. Read's shop; I had some conversation with him about flour—I did not see Mr. Read in his shop when I was there first; I went afterwards and saw him.
Cross-examined. Q. You are in the habit of taking flour from Mr. Freeman to Mr. Read's? A. Yes—whether it was lent or sold is not my business—they were on friendly terms—I cannot say that I have seen them together, I have often seen each of them—I walked with Mr. Freeman to his shop—I went to do some repairs at his shop; I did them then—Mr. Freeman remained with me about ten minutes after I got back to his shop—I went away, leaving him at his shop—at the time I left Mr. Read's shop, the van was at his door—Mr. Freeman was in the shop—he was assisting in moving the sacks of flour—this was on 23d Oct.—I did not go to the Police Court nor to the Sheriff's Court.
The prisoner received an excellent character.
NOT GUILTY .
Before Mr. Recorder.
Mr. SHARPE conducted the Prosecution.
CHARLES TURNER . I am in the employ of Mr. Robert Watts, a boot maker, at Leyton, in Essex. About 10 o'clock at night, on 11th May, I was in the parlour, having my supper—I heard a noise in the shop—I went, and saw a man crouching down, and just going out on his hands and knees—he had on a light fustian jacket and trousers—to the best of my belief it was the prisoner—I have known him two years and a half—I took him at once to be the person—I looked round the counter when he was gone, and missed two pairs of boots—I went out and cried, "Stop thief!"—I pursued him, and so did Mr. Platten; but his shoe came off, and he could not pursue him—these boots were afterwards brought back, and I identified them as my master's.
Prisoner. I had no light trousers in my possession, and you never saw my face. Witness. I could not see your face, but I saw that you had light fustian trousers. I gave information that Mr. Watts' shop had been robbed, and I had every reason to believe it was Norton. I gave information to the police about a quarter before 11 o'clock; I came to your house, with the policeman, about a quarter before 12.
EDWARD PLATTEN .—I live next door to the prosecutor. About 10 o'clock that night, I came out of my shop; I looked at Mr. Watts', and saw the prisoner in the shop—I turned, and saw him run away, and heard the last witness call, "Stop thief!"—I pursued him, but I had only my slippers on; I lost them, and could not proceed—I cannot say how the prisoner was dressed—he had a light coat on—I have known him for five years—I am certain it was him.
Prisoner. Q. Did you not say that you saw my face, and that I had a light jacket and light trousers? A. I did not describe your dress—I did not see your face; you tried to hide it—you had something with you—I ran to the corner of the New Road, and then came back—I did not say to Rand that I did not know the man.
WALTER KERRESEY (Police sergeant, K 35). From information, I went to the prisoner's house that night—I found him in bed—I told him to get up and dress himself, and that he was accused of stealing some boots from Mr. Watts'—he got up, and put on a pair of blue trousers—I said, "Put on the same trousers you had on last night"—he said he had no other trousers but them, but afterwards these light trousers were given to me by his mother—I had seen the prisoner the night before, with a pair of light trousers, at a public house.
Prisoner. Q. I was behind the bar; how could you see what I had got on? A. The door was open; I could see—I will not swear that these are the trousers you had on; these are light cord trousers, they are not fustian.
Prisoner. I am innocent; I was not at Leyton at all on the night they were stolen.
NOT GUILTY .
MR. DOYLE conducted the Prosecution.
ROBERT NOBLE . I am in the service of Mr. John Kaye, of Prospect House, near Woodford. He had three ducks and two drakes—I saw them safe on 26th May, in his field—I knew the ducks; they would follow me anywhere; when I went to feed them they would come and meet me—I missed two of them on 27th May—one was a light grey one, and one was milk white—they were worth 5s.—I did not see anybody take them.
Prisoner. Are there not two come back? A. Yes—a dark one came back on the 30th; that was one that was lost—a white one came back on the 31st; that is not the same that was lost; I can swear it is not the one—this one is a dirty white; the one that was lost was pure white.
COURT. Q. Suppose that the one that came back was thoroughly cleaned, would it be quite white? A. Yes, but I mean it is a dirty white; there is no mud on it.
MR. DOYLE. Q. Were you examined at the Magistrate's office? A. Yes, on the 28th, and the prisoner was then committed for trial—it was after that, that the two ducks came back—the grey one is the same we lost—I cannot swear the other is not the one we lost; it is smaller—it was away five days; it may have got smaller.
?THOMAS FEATHERSTONE. I am a gardener. On the morning of 27th May, I was near Mr. Kaye's place—I saw the prisoner, coming in a direction from Mr. Kaye's field—I knew him before—I saw he had something in his pocket which looked lite a duck—I think it was alive, I saw it move—I saw the neck of it, and the head—I cannot say it was the neck and head of a duck—it was very much like a duck—I was about twenty-seven yards from
the prisoner—he had a dark coat on, like this coat produced—I could not swear to it, and this was in his right hand inside pocket.
Prisoner. Q. You saw me round the back road? A. Yes—you were not trespassing on any person's field—I could not see anything in your pocket that I could swear to—I do not swear to this coat.
WILLIAM WHITE (Policeman, K 439). On the morning of 27th May, I received information from the last witness, from half past 7 to a quarter before 8 o'clock—I went to the prisoner's house at 2 o'clock in the afternoon—I observed white feathers lying about the room—I picked up some of them—I could not say what they were—I searched the up stairs room, which is a bed room—I found some cooked duck in a dish behind the door—I examined it, and one piece had a white feather on it—that piece of duck was produced at the Police Court—I went with Gray to look for the prisoner—we found him on Buckhurst Hill, but his wife got there before we gut to him—when he saw us be started off, and ran nearly half a mile, and jumped over a hedge—I captured him—I saw some marks round the pond where the ducks had been—I took the prisoner's shoes off, and made an impression with them by the side of the marks—these are the shoes—here is a piece of leather nailed on the bottom of one of the shoes, which corresponded with the marks—the marks were round the pond, and for thirty yards up the lane spoken of by Featherstone—I counted the nail holes in the marks—they were seven, and there are seven nails in the shoe.
Prisoner. Q. I occupy the house, and let out the rooms down stairs to lodgers; how can you swear it was duck you found? A. I took it to a professed cook to know what it was—I have preserved the bones.
Prisoner. I have a witness to prove it was the remains of a young goose.
CHARLES GRAY (Policeman, K 332). I went with the last witness to the prisoner's house—I found this coat there—I searched the pockets, and in the right hand inside pocket I found a quantity of feathers, which, I believe, are duck's feathers, and here is a quill, which, I believe, is that of a duck—there were white feathers about the prisoner's bed room—I went with the last witness to the Forest—I saw the prisoner—he walked a little distance, and then ran the best part of half a mile—I was with the other constable when he compared the marks of the shoes.
COURT to ROBERT NOBLE. Q. What age were your ducks? A. Two years old—these feathers in the coat pocket are duck's feathers, and this I believe is a duck's quill.
Prisoner's Defence. After the police took me, they locked me up at Woodford, and took my shoes away with them; they never took me to the place where the marks were; they did as they liked; I ought to have gone with them.
NOT GUILTY .
MR. DOYLE conducted the Prosecution.
JOHN WILKINSON . I keep Roding farm, at Wanstead. On 9th June, I had twenty-eight ducks—they were turned out on the river—I saw them safe a little after 2 o'clock—I went again in the evening, at half past 6 o'clock, or a little later—I went towards the river—I got about 150 yards from the cottage—I saw the prisoners throwing stones at something on the river—I got nearer to them, and saw they were throwing at my ducks—I saw one duck killed by the prisoners, but which of them threw the stone that killed it
I cannot say—I got within about thirty yards of them—I did not know them before—I saw one duck killed, and one lying on the bank killed, and I saw Cansell take it up and put it inside his flannel jacket, and they both ran—I followed them I should think to within 500 or 600 yards of Cansell's house—I lost sight of them over the brow of the hill towards Cansell's house—I lost four ducks—one was taken away and one was lying dead on the water—Barrett was dressed in a blue Guernsey, a cap, and cord trousers—and Cansell had a flannel jacket, cord trousers, and a cap—I have no doubt they saw me before they ran.
Cross-examined by MR. T. ATKINSON. Q. Is Cansell's house in the public road? A. Yes—I followed the two men in a direct line towards his house—I stopped perhaps 500 yards short of the house—I described the dresses of the men to the police officer—I did not say at any time that Cansell had a blue Guernsey on—I used my own judgment in fixing on the time as half past 6 o'clock—it was about that time—I can tell the time generally within half an hour—I did not tell the policeman that it was 7 o'clock or a quarter past—I said it was about a quarter to 7 o'clock—it would take me about a quarter of an hour to get from my cottage to the river—we made search afterwards, thinking they might have dropped the docks in a wheatfield—I told the policeman that I thought they were London men—I never knew the prisoners, and of course I could not tell—I hardly thought people living about there would steal a farmer's ducks—I thought a neighbour would not have done it—I had no other reason for the idea that they were London men.
JAMES HOWE . I am a gardener, living at Walthamstow. On Wednesday, 9th of June, I was returning from my dinner, about a quarter or twenty minutes past 2 o'clock in the afternoon—I passed the prisoners in a field adjoining Mr. Wilkinson's premises; they were hanging on a gate—I knew them before, and have no doubt they were the men—Barrett had a blue Guernsey on, corded trousers, and a cap, and Cansell, a flannel jacket, a cap, and corded trousers.
Cross-examined. Q. Had you seen them walking about before? A. Not that day—I had known them for years—it is not uncommon to see men hanging about a gate—they live at Barking side, about a mile from that place—it is out of Wanstead parish altogether—the river Roden divides them—I always found them to be honest men.
JAMES LAWRANCE . I am a groom, at Wanstead. On that Wednesday I saw the prisoners, about twenty minutes past 2 o'clock, in Mr. Jones's park that adjoins Mr. Wilkinson's; they were sitting under a tree—Barrett had a blue Guernsey on, and a cap, and cord trousers, and Cansell a flannel jacket, cap, and cord trousers.
JASPER SMITH (Policeman, K 307). On the evening of 9th June, Mr. Wilkinson gave me some information—I went with him; we went up a wheat field, and the potato fleld, and another field, and looked about the hedges; we did not find any ducks—I went back with Mr. Wilkinson to the river; I found one duck dead on the water—Mr. Wilkinson gave me a description of the men he saw—the prisoners were taken on Thursday morning, between 7 and 8 o'clock.
Cross-examined. Q. Did you find them at their houses? A. Yes, and in bed; we searched for feathers, or anything we could find—we did not find any traces of ducks.
and I took them; they were both in bed—it was ten minutes before 7 o'clock when we went to Cansell's, and about half past 7 o'clock when we went to Barrett's—I took them to Mr. Wilkinson's; he said they were the men—they said he was a false man; they knew nothing of it.
Cross-examined. Q. Is it usual to take prisoners to the prosecutor's? A. I took the prisoners to the station, and they wished to go to Mr. Wilkinson's to clear themselves, and the moment they came there, he identified them.
(The prisoners received excellent characters.)
NOT GUILTY .
MR. SHARPE conducted the Prosecution.
CHARLES PICKFORD . I am a labourer, in the employ of Robert Nicholas Halfhead, of Walthamstow. On Wednesday morning, 19th May, about ten minutes past four o'clock, I came across a field near Mr. Halfhead's premises, and saw the prisoner standing in a field of Mr. Halfhead's, about a quarter of a mile from his premises—I stopped, and looked at him, and he went on towards Ferry Lane—I went towards Mr. Halfhead's shed, in the direction from which the prisoner was coming, and missed the lead off the shed, which I had seen safe the previous night when we left work—I went after the prisoner, overtook him in Ferry Lane, and told him I wanted him to come back to Mr. Halfhead's; he said that there was no occasion for him to go back, but afterwards he went back, and when we got to the shed I told him I accused him of stealing the lead—he said that he should not steal such heavy luggage as that; if he did steal anything, it should be something lighter—I afterwards went to Ferry Lane with a policeman, and found the lead there, in a ditch, at a gate which I had seen the prisoner pass through—I compared it with the place from which it was missing, and it was the same.
Prisoner. Q. How far was I from the foot path when you saw me? A. About sixty yards—the lead was found 100 yards from where I first saw you—I saw a person in the field going in the opposite direction, who one of my men went after—he was nearer to the lead than you, when we first saw him coming towards you—I saw you go out at the gate, you turned to the right, and the lead was to the left—one man passed the gate, that was not the same man—you walked about the premises pretty well half an hour before my master came—the lead was nailed down, it formed part of the gutter of the shed—you had no parcel when you went through the gate, nor were you different in bulk that I saw.
COURT. Q. Where did you see the other person. A. In Ferry Lane, about eight yards from where the lead was found, coming in a direction from it—I do not know who he was, he had got a tin bottle and a handkerchief, as if he was going to work—the prisoner was sixty or seventy yards from the foot path—he said he was looking for birds' nests.
THOMAS DEANE . (Policeman N. 225.) On 19th May, between 4 and 5 o'clock in the morning. I was on duty in Ferry Lane about a quarter of a mile from Mr. Halfhead's—I received information, and went in search of the prisoner, but did not get him—after he was taken, I found these two pieces of lead (produced)., weighing about fifty pounds, in a ditch in Ferry Lane—I compared them with the lead on the gutter and stabling, and they corresponded exactly—I saw some foot prints, coming from the shed towards Ferry Lane; I put one of the prisoner's boots hy the side of a mark which had been previously made, close to the shed, and I observed another foot mark near another piece of lead, about 150 yards from the shed, and 2 or 3 yards from
the first print—it exactly corresponded with the prisoner's boots—when the prisoner was walking about near the shed, he did not go near the third piece of lead; I found no footmarks near that; it is hard ground there—the foot print was going away from the prosecutor's premises.
GEORGE FRANKLYN (Policeman, N. 19). On 19th May, about 6 o'clock, the prisoner was brought to me, charged on suspicion of stealing this lead—I searched him, and found this knife, which is hacked about a good deal, and a pair of pincers—I made an impression with the prisoner's boot, and the nails all corresponded—the other piece was found about three yards from the footmarks, under the hedges, covered with grass.
Prisoner. Q. Was there any one else round the shed, while you were there with me? A. Not round the shed—two of my men stood at the end of the shed—I had not seen them at the back of the shed during the morning—I cannot tell if any body went there, while I was away.
Prisoner's Defence. It is a case of mere suspicion; the man had time to take a quarter of an hour to go to his master's premises, and miss the property, and come back, and follow me; nothing was said about the footmarks on the two previous examinations; all I did wrong was to stray a few yards from the footpath; if there had been anything like guilt on my conscience, I had plenty of time to get away; this is a common pocket knife, and there are no marks on the lead, as if these pincers had been used; these are men's boots, and there are hundreds like them; there are no nails deficient; it is clearly proved that plenty of other men were about; who would be likely to have boots on like mine. I was first charged with trespass, and then it was turned into a felony.
JURY to GEORGE FRANKLYN. Q. Did you discover any marks on the lead, corresponding with the pincers? A. On this large piece here are one or two marks, where he had some difficulty in getting it off.
NOT GUILTY .
670. WILLIAM WILLIAMS (15) and EDWARD ELDRIDGE (15) , Stealing 1 metal bolt and one hinge, value 1s.; the goods of the Victoria London Dock Company; and 1 metal tap, the property of the said Company, fixed in their dock: to which they
PLEADED GUILTY — Confined Three Months each.
Before Mr. Common Serjeant.
MR. CLERK conducted the Prosecution.
JAMES SARTAIN . I am waiter at the Canterbury public house, at Woolwich. On 14th May, between 7 and 8 o'clock in the evening, the prisoner came, put down 1s. on the counter, and asked for change; I took it to Mrs. Job, who gave me two sixpences for it, which I gave to the prisoner—he then called for a pot of beer—I pat it in my mouth, bent it, said it was bad, and returned it to him; he put it in his pocket; I asked him if he had got a proper one; he said, "No," and gave me 4d. in copper, drank his beer, and went away—I saw him at the station, about an hour and a half afterwards, in custody.
ANN JOB . My husband keeps the Canterbury, at Woolwich. I saw the prisoner there on 14th May, with other soldiers—Sartain brought me 1s., I gave him two sixpences, and put the 1s. in my pocket, where I had only two or three half crowns—when I took it out to give it to the constable, there was only that one shilling there.
WILLIAM ALLEN (Policeman, R 68). On Friday night, I went to the Beresford Arms, Woolwich; and told the prisoner that he had been passing bad money at the Canterbury, and offering it at another place; and he must go with me to the station—he said that he had been there, and had some beer, but he had not passed any money there—he put his right hand into his trousers pocket, and kept it there till he got to the station; where I took from it this bad shilling (produced) bent as it is now.
Prisoner. It is one I had tried to pass at the British Queen; but I did not know it was bad.
MARY ROWLAND . My husband keeps the British Queen, at Woolwich. On 14th May, about 7 o'clock in the evening, the prisoner and another marine came, and two London soldiers, guardsmen; the prisoner called for a pot of beer, and gave me 1s.; I took it to my husband, and asked him to look at it—he bent it nearly double with his teeth—I took it back to the prisoner, and told him it was bad, he said he did not know it—I gave it him back; I did not see what he did with it—he paid me with a sixpence.
Prisoner's Defence. If I had known it was a bad shilling, I should not have put it into my pocket again; I never paid for any beer at the Canterbury; I was with the guards; I only know the marine by sight.
GUILTY .— Confined Nine Months.
Before Mr. Common Serjeant.
672. JAMES ROBERTS (47) and MICHAEL MINTER (29) , Robbery on Edwin Cooper, and stealing from his person 1 piece of paper, value 1d., and 16s.3 1/2 d. in money, his property. The prosecutor did not appear.
NOT GUILTY .
MESSRS. TINDAL ATKINSON and TALFOURD SALTER conducted the Prosecution.
JOHN GALLAND . I am watchman at the zinc works at the Surrey Docks. About 2 o'clock on Sunday morning, 9th May, I heard a noise in the store room, it was like the shutting of a window—the window slides on one side—I ran up, looked out of the window, and saw some one pass through the wicket gate which leads to the duck—the prisoner Beech would naturally remain on the premises, he was the watchman on duty that night—he should have had the key of that gate—we have no second key—his watch box is about twenty yards from the wicket gate on the further side to where I was—I went up into the store room, and found two layers of spelter had been removed—I had been in that place about 11 o'clock, after all the men had
left—after missing the spelter I went to the wicket gate, and I found it shut—I stopped there some time; I heard the noise of spelter breaking, it came from the direction of the watch box—I went round and went to the other side of the wicket gate—I opened the large gates and went round—I heard nothing there—I did not go within twenty or thirty yards of the watch box—I did not see any one about then—I went back inside the wicket gate, I remained there some time, and I saw Beech and Winchester coming down from the Baltic yard, that was where some broken metal was afterwards found—they both came down and went together into Beech's watch box—Winchester had no right to be about the premises at that time—I went and gave information to Mr. Fletcher, and then went on with my work inside—in about twenty minutes afterwards Mr. Fletcher and I went to the watch box; Mr. Fletcher went in, I went just to the door, I did not go right in—after Mr. Fletcher went away, I went through the large gates, and back to the wicket gate—I then saw Beech by the watch box door, and Winchester coming from a barge into the Rice Mill yard—I heard two splashes in the water, but I saw nothing go in—the sound appeared to come from near where Winchester was—I saw nobody else near that place—the prisoners afterwards went down to the gate and were detained.
Cross-examined by MR. SLEIGH. Q. Was Beech the watchman? A. Yes; it was his duty to be there that night—I do not know how long he has been in the employ—this was about 2 o'clock in the morning—I had been there all night—it was Beech's duty to keep the key of the gate I speak of.
Cross-examined by MR. LAXTON. Q. Were the prisoners together when you saw them coming in a direction from the Baltic yard? A. Yes—I cannot say whether the splash which I heard was from anything which Winchester threw into the water; it might have been from anything thrown by some one else.
WILLIAM FLETCHER . I am in the employ of the oxyde and zinc manufactory. There is a passage which is common to my employer and the Rice Mills—there is a large pair of gates, which ought to be closed from Saturday evening till Monday morning—Beech was the watchman there—there is only one key of the gates—they are within the Surrey Docks—if you want to get access to the front or back entrance, you must go through the gates—both the prisoners are in the employ of the Rice Mills—I believe Beech has been so for about twelve months—on 9th May, I was called up about 3 o'clock in the morning—I dressed myself, and came down—I went into the works with the last witness—I went into the store room we keep the spelter in; I missed seventeen or eighteen plates of metal off the piles—I went down to the front entrance, and made inquiries—I went back to the works, and went with the last witness to the watch box; I saw Beech standing in front of it, leaning over the half gate—I said to Beech, "Have you any objection to my searching the watch box; I have lost something, and I wish to find it;" he muttered out what I conceived to be an oath—he came out, and I went in—I found Winchester lying on his back on the bench, pretending to be asleep; the bench is about 3ft. 6 in. or 4ft. long—he lay with his knees up—I shook him two or three times, in order to wake him; he pretended to be asleep, and half drunk—he rolled off the bench, and went outside—I searched, and, at the head of the bench, I found a bag containing a number of new brass bearings—the weight of the bag was about 25lbs. or 26lbs.—the bearings had never been used; they were cast from a pattern, and are such as are used in the Rice Mills works—the two prisoners still remained outside—they saw what I was doing—I opened the bag, and I said to Galland, "You are witness
to what is here"—there were three different sorts of bearings; two of them were runners, with holes in them, and there were circular bearings, and the others were bearings of the ordinary description—I closed the bag and put it back, and under the bench I found another bag, with two new bearings in it, weighing 5lbs. or 6lbs.—when I took the bag, Beech said, "You will not take that away, they are not your property"—I replied, "I am aware of that, they are not mine, nor are they yours, you have no right to have them in your possession, they are the Rice Mills' property"—I then left the place, and requested Galland to watch—I went to Mr. Pepper who lives next to me—I roused him up, stated what I had found, and requested him to come with me—we went to Mr. Steaton and to the watch box, and saw Winchester, who appeared to be fast asleep on the bench—Mr. Pepper roused him up, and asked him what he had there; he stated he had come to pump Henry Yates' barge out—I picked out the bag of bearings, and missed two different ones; one of the runners with the hole in it, and one of the circular bearers—I challenged the prisoners with having taken a portion of these bearers away while I was gone for Mr. Pepper; they denied it—Mr. Pepper asked Beech how he came in possession of these bearers; he said about half past 1 o'clock, he heard a noise and went and opened the wicket gate and found the bearers just inside—I replied, "How was it you did not find them last night, when you came on duty, in broad daylight?" He made no reply to that—Mr. Pepper took the bag and bearers, and conveyed them to the station—I heard Beech given in charge, he said, "For God's sake Mr. Pepper what shall I do; for my poor wife's sake I beg that you will look it over"—Mr. Pepper said he could do nothing of the kind, he must do his duty—he made use of the same expression to me, and I made a similar reply—I went to Winchester's house and the policeman found a quantity of metal; I should say 7 lbs. behind an old bedstead in the yard—I was present when Beech's house was searched, and a piece of leather was found with a brand on it—from information, I went to Baltic wharf, and found a labourer who had found, secreted under the timber, fifteen pieces of metal—I was not present when they were found, but they were not removed, and I went and saw them there—they were brought away by my direction, they weighed 3qrs. 24lbs.—on 11th May, there was found at the back of the watch box in the soil three brass bearings, and a hammer was found in the stoke hole of the Rice Mill—on the 20th there were nine pieces of spelter found, and four brass bearings, and amongst them was the circular brass bearing that was in the bag when it was first seen by me on the morning of the 9th.
Cross-examined by MR. SLEIGH. Q. When Beech said "I beg you will look over it," was that after he had said he heard a noise and found the property? A. Yes; he said he could not see anybody about, and he brought them in, not knowing what to do with them—he did not say he found Winchester asleep on one of the barges—he said he asked Winchester what he ought to do with the property when he found it—I heard him make a statement at the station, that he saw Winchester come stumbling up the docks, and he supposed he was going to sleep on the barges, and he asked him to come into the watch box—I knew that Beech was in the employ of the Rice Mills—I was present when the piece of leather was found at Beech's—it did not belong to my employers, but to the rice making people—it was identified at the time.
COURT. Q. Did you afterwards see it compared with any other piece? A. Yes; and the two pieces fitted.
Cross-examined by MR. LAXTON. Q. Did not Winchester appear to have been drinking? A. Yes; but he was sober enough when he was taken; he
put on the appearance of being drunk and partly asleep; he gave his correct address, and on that I went to his residence.
MR. ATKINSON. Q. Was any excuse set up in the watch box. A. He stated that he came there from Harry Yates' barge.
JOHN THOMAS PEPPER . I am foreman at Joseph Barker Chapman, and others' Rice Mills. The watchman who is employed is intrusted with the key of the gate—he had the key of the wicket gate on the night of 8th May—that gate is the only access to our premises—I was roused that morning by the last witness, at 20 minutes before 5 o'clock; I went with him to Beech's watch box—I saw a bag there which contained about 10lbs. or 12lbs. of brass castings, such as are used in the engines of our work—when they were found, Beech said he picked them up, and laid them there to take care of them—Winchester said he came into the dock to pump out a barge for a lighterman of the name of Henry Yates—I saw three other bearers, found under some newly-made ground.
Cross-examined by MR. SLEIGH. Q. Is Beech in the service of the Rice Mills? A. Yes; this watch box is on the occupation road of the Rice Mills; it has been a kind of morass, and filled up—there is a canal there—there is no basin, nothing more than the widening of the canal—there is a road between the canal and the watch box; you go across the road, and across the Rice Mills yard, and through another fence, to the edge of the canal—it is, perhaps, 15 yards from the watch box to the gate—a person in the watch box could hear a knocking or thumping at the gate—you go through the gate from the Rice Mills on to the occupation road—it is a public road to the Rice Mills, the Timber Mills, and other mills.
JOHN HORRY (Policeman, M 83). On 9th May, at half-past 5 o'clock in the morning, I went to the Surrey Canal Dock—Winchester was at the gate, and I received him into custody—another constable went to the further end for Beech—this is the bag that was produced—it has brass bearings in it—I heard Winchester say he was out late, and he thought he would go in there and sleep on one of the barges, and he would not go home, and he took in half a gallon of beer to sleep there that night—I went to Winchester's house, and found two brass bearings; these are them—Winchester said he had them a twelvemonth—I went from thence to Beech's—I found this piece of leather under the bed, between the bedstead and the mattrass—Beech was told at the station that I had found it—I do not remember that he said any thing at the time—the hide is here that this leather was cut from.
Cross-examined by MR. LAXTON. Q. At the station Winchester immediately gave his address? A. Yes—these two bearings were in a cupboard where other things were—he said he had taken half a gallon of beer into the dock, thinking I suppose that he would not get any more afterwards; he was sober when he spoke to me.
JOHN FRIEND . I am in the employment of Messrs. Chapman and Co., both the prisoners are servants of theirs—these brass bearings belong to my employers—I have the patterns that they were cast from—I have had them in my hand many times—this is the hide that this piece of leather was cut from, it came from Messrs. Chapman's mills; it is my employer's property—I have compared the small piece with the other; the cutting corresponds—this is the circular piece of brass that was found in the bag—it is the property of Messrs. Chapman—this other bearing has a hole in it—they are all the property of my employers; we have the patterns of them all.
Cross-examined by MR. LAXTON. Q. I suppose you take several brass
bearings from a pattern. A. Yes, many; there may be other patterns very much like these, but I do not think they could be exactly like them—I should not think it would be difficult to tell the difference—these have been in use seven or eight weeks—Winchester had been in the employ of the prosecutor some time—I have been there about eight years; he was there before me.
HENRY YATES . I am a lighterman. I did not employ Winchester to pump any barge of mine in the beginning of May—my employers contract to do work for Chapman and Co., and when Winchester has not been at work I have asked him to look to my barges—I did not employ him on 8th May to go and pump one of the barges out.
WILLIAM WEAVER . I am watchman in the employ of the Surrey Dock Company. I was on duty on that Saturday night—I let Winchester in at twenty minutes before 12 o'clock—I should not have let him in except under the notion that he was a watchman—he came and knocked at the gate; I said, "Who is there"—he said "Rice man;" I said, "Are you watchman" he said, "Yes"—I immediately opened the gate and he came in; he appeared perfectly sober.
WILLIAM FLETCHER re-examined. This circular piece of brass was in the bag when I first discovered it, and it was missing when I returned—there were two of these bearers in the bag, and when we came back one of them was gone—these are what are called runners.
BEECH— GUILTY .
WINCHESTER— GUILTY .
Confined Nine Months.
MR. CLERK conducted the Prosecution.
THOMAS CHANDLER . I keep the Spotted Dog at Wandsworth. On 21st May, the prisoner came between 11 and 12 o'clock for a glass of mild ale—she gave me a shilling; I bit it and told her it was bad—she said that I had changed it—I told her I would lock her up if she said so again—she begged I would not—she asked me to give her the shilling, but I said that I should detain it—she then gave me another, and I gave her 10 1/2 d. change, and she started off out of the shop—I followed her, and saw her go into Mr. Green's, the King's Head, about ten minutes' walk off—a policeman went with me.
Cross-examined by MR. O'CONNELL. Q. In what coin was the 10 1/2 d. change? A. A sixpence and coppers—she did not walk fast from my place—I am not aware that she saw me—when I said I would lock her up I was not quite so calm as I am now.
JAMES GREEN . I keep the King's Head. On Friday afternoon, 21st May, about 2 or 3 o'clock the prisoner came there—my niece served her, and she gave her a shilling—my niece gave it to me immediately, and I am able to say that it is the same—she never opened the till—I bent it, and asked her if she was aware it was bad?—she said, "No," and paid for what she had had, and left—I gave her the shilling back, but am quite sure it was bad.
HENRY STOKES (Policeman, V 227). I was with Mr. Chandler, at the King's Head, and waited at the door till the prisoner came out, and then took her into custody—she said, "I have not committed a robbery"—I said, "I am taking you for passing bad money"—she said, "If I have passed bad money, I am not aware of it"—I took her to the station—she was searched there by the female searcher, who brought me 1s.6d. in silver and
4 1/2 d. in coppers, in a purse—there was no bad money found on her—I afterwards received a shilling from Mr. Chandler—the prisoner told me she lived at 24 or 25, King Street, Walworth Road—I went there but could hear nothing of her.
Cross-examined. Q. Did you keep her so that she could not make away with anything? A. Yes; there were no papers in the house that I am aware of; none were given to me—I do not think she threw anything away; she might have had time to swallow anything.
GUILTY .**— Confined Six Months.
MESSRS. CLERK and SHARPE conducted the Prosecution.
ELIZA BULLEN . I am the wife of Mr. Bullen, of No. 11, Spring Place, Lambeth. On 18th May, between 1 and 2 o'clock, Elizabeth Marchant came for a pint of table beer and gave me a shilling; I put it into a wooden bowl, where there was no other shilling; I gave her 10 1/2 d. change, and she left—Emma Marchant came between 4 and 5 o'clock, and gave me a shilling; I gave her 11 1/2 d. out, and put it into the wooden bowl with the other—I had done nothing to the bowl in the mean time—in the morning, before breakfast, I paid Mr. Herbert 3s.3d.; two of the shillings were those which had been in the bowl—next night Herbert gave me back the two shillings, and I gave him two good ones for them—on Thursday, Emma Marchant came again for a halfpenny worth of table beer, and gave me a shilling; I bit it, and said, "This is bad;" she said, "I did not know it; I took it at the steamboat pier"—I said, "You know well you gave me two bad ones on Tuesday;" she said, "I was not aware of it, but I got change for a sovereign on Tuesday, and I will go back with you, and get it changed, and give you two good ones for the bad ones"—I asked her for the money for the beer; she said, "I have no other money"—she left, saying that she would come again, and catched the shilling away from me, saying that she would get a good one for it at the steamboat pier—I afterwards went with Mr. Herbert to Cavendish House, where I had received the money, and saw Elizabeth Marchant; she said that her daughter was not at home, but would be in the evening—I said, "Your daughter gave me two bad shillings;" she said, "She only gave you one"—I said, "But you gave me the other for the first pot of beer that was fetched;" she said that her daughter would call on me that evening, but she did not—Elizabeth came and gave me one on Friday night, and said she would pay me the other next evening, Saturday—I told her that if they did not come, and bring me my good money, I should bring a policeman—I cannot say whether it was after that, that she said that she would come next day, Saturday, and pay me the other shilling; she did not come on Saturday—I gave her into custody on Monday morning—I marked the bad coin, and kept it.
RICHARD HUBERT . I live at Southhampton Place, Nine Elms—on 19th May, Mrs. Bullen paid me 3s.3d.—there were three shillings, two of which I found to be bad—these are them; I kept them apart from other money—I offered them to pay for a stand at Epsom, but am certain they were not changed—I kept them in my waistcoat pocket, and gave them back to Mrs.
Bullen on Friday morning—I was present at the conversation she had with Elizabeth Marchant at Cavendish House; I have heard the account she has given; it is correct.
ELIZA HOSGOOD . I am the wife of William Hosgood, of 2, Spring Grove. On 19th May, at 11 o'clock in the morning, Emma Marchant came in for a pot of table beer, and gave me a half crown; it came to 1 1/2 d.—I gave her the change, and put the half crown into a little bag which I keep my silver in, where there were only two or three 4d. pieces—she came again, about a quarter past 3 o'clock, for another pint of beer, and gave me another half crown—it came to 1d., and I gave her the change, and put it with the others—I did not mix any other half crowns with those two; I had none—I afterwards showed the half crowns in the bag to my daughter, who said that they were bad, and I put them into the bag again—on Thursday morning, I took them out, and put them into a drawer—I afterwards marked them, and gave them to a policeman.
WILLIAM BLACKBURN (Policeman, V 257). On Sunday, 23d May, I received these two half crowns (produced) from Mrs. Hosgood—on the next day I apprehended Elizabeth Marchant, in the Priory Road, about 150 yards from Cavendish House—I told her I took her for passing bad money at Mr. Bullen's shop, in Spring Place; she said, "I passed no bad money there"—I took her there, and Mr. Bullen gave her into custody—the prisoners have all three lived at Cavendish House for the last eighteen months, taking care of the house—I locked Elizabeth up first, then went to the house, and met Emma going in; I went in with her, and found George Marchant in the front parlour—I said, "I am going to take your daughter into custody, for passing bad money at Mrs. Hosgood's, in Spring Gardens"—Emma said, "I never passed any bad money," and George said, "I know nothing about it"—I took Emma to Mr. Hosgood, who identified her, and then took her to the station—later in the same day, I went with Sergeant Soames to Cavendish House, and in a work box on the table I found these four shillings and one half crown, all bad (produced)., they were wrapped up separately in pieces of newspaper—George saw me find them, he said, "I was not aware they were bad; I know nothing about it."
Emma Marchant. If that money was wrapped up in pieces of paper, you are the person that wrapped it up. Witness. No; my partner was present, and saw me take it.
DANIEL SOAMES (Police sergeant, V 5). I was with Blackburn, and saw this money found, wrapped up separately in newspaper; I saw them taken from the workbox in that state—on Tuesday, 23d, Mr. Bullen gave me these two shillings (produced).
WILLIAM WEBSTER . I am inspector of coin to the Mint. These two shillings uttered to Mrs. Bullen are bad; the four shillings found in the box are bad, and three of them are from the same mould; none of these are from the same mould as those uttered to Mrs. Bullen, but the same shilling has been used to make a fresh mould; that applies to three—the two half crowns uttered to Mrs. Hosgood are bad, and from the same mould—the half crown found in the workbox is good, and is of a different date to the others.
THE COURT considered that there was no case to call upon George Marchant for his Defence.
Elizabeth Marchant's Defence. I gave her the shilling on Monday, and she paid it away on Tuesday; I cannot see very well, but I have never been charged with such a thing before.
Emma Marchant's Defence. I am thrown upon the world with this baby; the money in the workbox was given to me by a gentleman for the baby.
GEORGE MARCHANT— NOT GUILTY .
ELIZABETH MARCHANT and EMMA MARCHANT— GUILTY .— Confined Twelve Months each.
The prisoners were again indicted for a like offence, upon which no evidence was offered.
NOT GUILTY .
Before Mr. Recorder.
676. WILLIAM JONES (18) , Burglariously breaking and entering the dwelling house of Samuel Howell, and stealing therein 1 1/2 lbs. weight of tobacco, value 5s., and 7s. in money, his property: to which he
PLEADED GUILTY .— Confined Twelve Months.
ADJOURNED TO MONDAY, JULY 5TH, 1858.